Santosh Ray @ Santosh Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85599 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Santosh Ray @ Santosh Kumar Ray Son of Baidyanath Ray Resident of Village - Mirjapur Mahantpatti, P.S. - Rajnagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhakar Thakur, Adv.
For the Opposite Party/s :
Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Rajnagar P.S. Case No. 154 of 2024 corresponding to G.R. dated 12.05.2024 registered for the offences punishable u/s 272, 273 read with Section 34 of the I.P.C. and the section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 85.5 litres of illicit country made liquor and 2.250 litres of illicit foreign liquor were recovered from the shop of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.85599 of 2024(2) dt.06-12-2024 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The co-accused person has already been granted regular bail by this court vide order dated 26.06.2024 passed in Cr. Misc. No. 43779 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 15.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani, in connection with Rajnagar P.S. Case No. 154 of 2024 corresponding to G.R. No. 714 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T