Santosh Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82587 of 2024 Arising Out of PS. Case No.-289 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Santosh Kumar Tanti S/o- Ram Avtar Tanti R/o Village- Khojpur Police Station- Babuarahi District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Soban Asghar, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.R. No. 1267 of 2024 arising out of Ladaniya P.S. Case No. 289 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 450 litres Nepal made illicit Gaurav Saufi liquor from the black colored Central car bearing Regd. No. DL7C9118.

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.82587 of 2024(2) dt.04-12-2024 2/3 present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the alleged Centro car and has also no concern with the recovered liquor. The petitioner is the driver of the alleged Centro car but was not aware of the contents of the material loaded in the same. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.09.2024 without any rhymes or reason.

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. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.82587 of 2024(2) dt.04-12-2024 3/3 below/concerned Court in connection with G.R. No. 1267 of 2024 arising out of Ladaniya P.S. Case No. 289 of 2024. (Rudra Prakash Mishra, J) rishi/- U T