Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71953 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- DAWATH District- Rohtas ====================================================== SANTOSH PRASAD S/O Late Gupteshwar Prasad Resident of Village - Koath Ward No. 08, P.S.- Dawath, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Dawath P.S. Case No.144 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that 127 liters of illicit liquor was recovered from the joint house of the petitioner. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case, the quantity of illicit liquor said to have been recovered from the joint house of the petitioner's family and that the petitioner having no

Patna High Court CR. MISC. No.71953 of 2019(2) dt.04-12-2019 2/2 criminal has remained in custody since 02.09.2019, the investigation is complete, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Speccial Judge, Excise, Rohtas at Sasaram in connection with Dawath P.S. Case No.144 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T