Santosh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71702 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- SIKTA District- West Champaran ====================================================== Santosh Thakur Son of Babulal Thakur Resident of Village Sikta Bazar, Kuraisi Muhalla, Ps Sikta, District West Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siddharth Harsh For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sikta P.S. Case No. 91/2023 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per prosecution case, there was alleged recovery of total 171 liters Nepali liquor from Maruti Zen Car in question and the petitioner apprehended on the spot.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 16.08.2023 and bears criminal
Patna High Court CR. MISC. No.71702 of 2023(3) dt.11-12-2023 2/3 antecedent of two cases in which he is on bail. He further submits that the petitioner was neither the owner of the said car in question nor was concerned with the seized liquor. He further submits that the petitioner was merely a passer by and on the basis of suspicion, he apprehended on the spot. He further submits that the seizure list has not been prepared as per the law. He orally submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise-II, Bettiah, West Champaran in connection with Sikta P.S. Case No. 91/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the
Patna High Court CR. MISC. No.71702 of 2023(3) dt.11-12-2023 3/3 affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T