Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79306 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- JIRADEI District- Siwan ====================================================== Santosh Kumar Singh Son of Sri Awadh Kishore Singh, Resident of Village - Narendrapur, P.S.- Ander, District- Siwan.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyama Kant Singh, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Jiradei P.S. Case No. 113 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that the petition is innocent and has falsely been implicated in the present case due to local politics and group rivalry. It is further submitted that according to the FIR allegation was made that 34.560 liters illicit liquor were found with both the apprehended persons whereas petitioner had a clean past and co-accused Rahul Kumar has granted regular bail by a learned Co-ordinate

Patna High Court CR. MISC. No.79306 of 2019(2) dt.17-01-2020 2/3 Bench of this Court. The petitioner is in custody since 26.10.2019 having no criminal antecedent.

Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the allegations of there being a recovery of 34.560 liters of illicit liquor and further submission that the petitioner is in custody since 26.10.2019 having no criminal antecedent, the investigation against the petitioner being complete, let the petitioner above named be released on bail in connection with Jiradei P.S. Case No. 113 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person

Patna High Court CR. MISC. No.79306 of 2019(2) dt.17-01-2020 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T