Santtu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86746 of 2024 Arising Out of PS. Case No.-245 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Santtu Kumar S/o- Ramashankar Yadav R/o Village- Srinagar Ghusa P.SPhulwariya Dist- Gopalganj ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Deepankar Raj, Advocate For the State :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Phulwariya P.S. Case No. 245 of 2024, dated 31.08.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation, two persons were carrying a sack on motorcycle containing illicit liquor and on seeing the police, they started fleeing away. However, one Rakesh Yadav @ Mangru was apprehended on the spot and the other persons fled away and in the alleged confessional statement of the apprehended person, the name of the petitioner has transpired.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.86746 of 2024(3) dt.22-03-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has nothing to do with the alleged recovery of liquor and the name of the petitioner transpired in the confessional statement of the coaccused to the police, which has no evidentiary value.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeXIII-cum-Special Excise Court No.-I, Gopalganj, in connection with Phulwariya P.S. Case No. 245 of 2024, subject to the
Patna High Court CR. MISC. No.86746 of 2024(3) dt.22-03-2025 3/3 conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T