Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73099 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.

Santosh Kumar Son of Suresh Mandal Resident of Village - Nath Tola, P.S.- Bariyarpur, District - Munger.

2.

Mithun Mandal Son of Upendra Mandal Resident of Village - Kirtaniya, P.S.- Pirpaity, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.K. Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of bail in connection with Sanokhar Amdanda P.S. Case No. 113 of 2019 (District Bhagalpur) registered for the offence under sections 188, 290, 414 and 34 of the Indian Penal Code and sections 30(a) and 30(f) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, 280 litres of country liquor was recovered from a car which was being driven by the petitioner no. 1 and in which the petitioner no. 2 was also sitting.

Patna High Court CR. MISC. No.73099 of 2019(2) dt.25-11-2019 2/2 It is submitted by learned counsel for the petitioner that he is the driver of the said vehicle. He had no knowledge about the contents of the bag in the dickey which belong to the owner of the vehicle.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is in custody since 31.08.2019 and is not said to be the owner of the said vehicle, the Court is inclined to enlarge the petitioners on bail. Let the petitioners above named be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District and Sessions Judge-cumSpecial Judge, Excise Act, Bhagalpur in connection with Sanokhar Amdanda P.S. Case No. 113 of 2019 (District Bhagalpur).

(Partha Sarthy, J) Prakash/- U