Santosh Kumar Rai @ Santosh Rai @ Santosh Ray @ Santosh Rai Driver @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82836 of 2024 Arising Out of PS. Case No.-332 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Santosh Kumar Rai @ Santosh Rai @ Santosh Ray @ Santosh Rai Driver @ Santosh Kumar S/O Late Mahendra Rai R/O Village- Power House Road(Power House Rod), Gachhi tola, P.S- Town District, Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mrs. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-12-2024 Heard the learned counsel for the parties.

2. The petitioner seeks regular bail in connection with Excise P.S. Case No. 332 of 2024 registered for the offence under Sections 30(a), 30(P) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 120 litres of Codeine Phosphate & Triprolidine Hcl. Syrup has been recovered from the petitioner who was traveling in the vehicle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 28.09.2024 having three criminal antecedents in which in all cases he is on bail. The petitioner has no concern with the alleged recovery. Similarly situated co-

Patna High Court CR. MISC. No.82836 of 2024(2) dt.18-12-2024 2/2 accused has already been granted regular bail by this Court vide order dated 23.10.2024 passed in Cr. Misc. No. 75334 of 2024.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and also considering the period of custody, this application for regular bail is allowed.

7. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Begusarai in connection with Excise P.S. Case No. 332 of 2024, subject to the condition that the petitioner shall deposit an amount of Rs. 50,000/- (Rupees Fifty Thousand Only) in Ramkrishna Mission Ashrama, Patna and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

(Sandeep Kumar, J) Ranjeet/- U T