Santu Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81190 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- SINDHUGAR District- Gaya ====================================================== Santu Kumar @ Santosh Kumar Son of Nandlal Yadav Resident of VillageTengaini, P.O Naudiha Jhurang, P.S. -Fatehpur, Distt.- Gaya-824232 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Sindugadh P.S. Case No. 06 of 2024 registered for the offences punishable under Sections 30(a), 30(d) of the Bihar Prohibition and Excise Act and 2(anga), 5(kha)/18 of Bihar Mahua Flower Rules, 2006.

3.

The prosecution case, in short, is that 350 litres of liquor and 120 kg Mahua flower were recovered from four motorcycles.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.81190 of 2024(2) dt.22-11-2024 2/3 present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the motorcycles in question. The name of the petitioner has transpired on the basis of confessional statement of coaccused namely, Shyamdeo which has no evidentiary value. The petitioner has got no knowledge and concern with alleged recovery of liquor. The petitioner has got one criminal antecedent. There is no compliance of Section 100 Cr.P.C.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.81190 of 2024(2) dt.22-11-2024 3/3 learned court below where the case is pending/successor court in connection with Sindugadh P.S. Case No. 06 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T