Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79165 of 2019 Arising Out of PS. Case No.-301 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

SANTOSH KUMAR, Son of Ajay Singh Resident of Village - Gangti, P.S. - Pakribarawan, District - Nawada.

2.

Amirak Singh Son of Munni Ram Singh Resident of Village - Bhaluahi, P.S. - Kawakol, District - Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From the motorcycle, two litres of liquor was recovered. The petitioners were allegedly on the same motorcycle. Petitioners have stated on oath that they have got no criminal antecedent. Motorcycle was of petitioner no. 2 Amirak Singh.

Considering the facts of this case, let the petitioner no. 1, Santosh Kumar, in the event of his arrest or surrender before the Court below within a period of thirty days from the

Patna High Court CR. MISC. No.79165 of 2019(2) dt.04-12-2019 2/2 date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Pakribarawan Police Station Case No. 301 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner no. 1 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 1.

Petitioner No. 2 Amirak Singh shall surrender and pray for regular bail which shall be disposed of without being prejudiced by this order.

With the aforesaid observation, this prayer for anticipatory bail of petitioner no. 2 Amirak Singh is refused. (Birendra Kumar, J) Kundan/- U T