Patna High CourtCR. MISC./74802/2022allowed

Santosh Kumar v. The State Of Bihar

2023-02-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74802 of 2022 Arising Out of PS. Case No.-216 Year-2022 Thana- PATORI District- Samastipur ====================================================== Santosh Kumar Son Of Ram Balak Rai Resident Of Uttari Dumri, Baghra, Mohanpur, O.P.- Shahpur, Patori, P.S.- Patori (Mohanpur O.P.), DistrictSamasitpur, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Vikram Rana For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273/34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 148.68 litres of Indian Made Foreign Liquor from behind the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged

Patna High Court CR. MISC. No.74802 of 2022(2) dt.25-02-2023 2/2 recovery or with the place of occurrence. The name of the petitioner came in light only on the basis of suspicion. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 29.11.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court NO. 2, Samastipur in connection with Patori (Mohanpur O.P.) P.S. Case No. 216 of 2022.

(Sunil Kumar Panwar, J) nirajkrs/- U T