Santosh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84022 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Santosh Tiwari, Son of Late jageshwar Tiwari @ Jagresj Tiwari, Resident of Village- Asnagar Baikatpur, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Goswami, Adv.

Mr. Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mrs. Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 07.11.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the veranda of the petitioner, 39.150 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the veranda of joint family house, which is an open area. A statement has been made in paragraph no.3 of the petition that the petitioner is made accused in one other case in which he is on bail.

Patna High Court CR. MISC. No.84022 of 2019(2) dt.18-12-2019 2/2 Learned APP submits that recovery has been made from the veranda of the petitioner.

Considering the fact that recovery has been made from an open area and the investigation has already been concluded, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Kanti P.S. Case No. 46 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T