Santosh Kumar @ Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72100 of 2019 Arising Out of PS. Case No.-852 Year-2019 Thana- BIHTA District- Patna ====================================================== SANTOSH KUMAR @ SANTOSH SINGH S/o Nitiyanand Singh @ Vidyanand Singh Resident of Bishanpura, P.S.- Bihta, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner in this case is seeking regular bail in connection with Bihta P.S. Case No. 852 of 2019 (Spl. Case No. 8054 of 2019) registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he is in custody since 08.09.2019 having no criminal antecedent for recovery of 67.125 liter illicit liquor. It is submitted that the investigation in this case is complete.

Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case wherein the illicit liquor of 67.125 liters is said to have been recovered from the house of the petitioner, the petitioner is in

Patna High Court CR. MISC. No.72100 of 2019(2) dt.04-12-2019 2/2 custody since 08.09.2019, he has no criminal antecedent and the investigation is complete, the petitioner above named is directed to be released on bail in connection with Bihta P.S. Case No. 852 of 2019 (Spl. Case No. 8054 of 2019) on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna, 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) avin/- U T