Santosh Kumar @ Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88647 of 2024 Arising Out of PS. Case No.-149 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== Santosh kumar @ Santosh kumar Singh S/O Birendra Singh R/O VillageJiyankhurd, P.S- Karja, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazharul Hassan, Advocate For the Opposite Party/s :

Mr. Ajay Kumar-2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-01-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Karja P.S. Case No. 149 of 2021 lodged on 05.07.2021, for the offences punishable under Section 272, 273, 34 of the Indian Penal Code read with sections 30(a) of the Bihar Prohibition and Excise Amendment Act 2018.

3. As per the prosecution, total 3839.40 litres of illicit foreign liquor has been recovered which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that petitioner has not been apprehended from the place of occurrence. Counsel further submits that criminal antecedent

Patna High Court CR. MISC. No.88647 of 2024(2) dt.28-01-2025 2/2 of the petitioner is also clean. Counsel submits that only material come against the petitioner is that he was involved in loading of the alleged wine and his name has been figured in this case only by virtue of hearsay material.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail with a condition that he shall deposit Rs.50,000/- (Rupees Fifty Thousand) before the Trial Court subject to decision of this case, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Karja P.S. Case No. 149 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T