← Library
Patna High CourtCR. MISC./82698/2019bail granted

Santosh Kunwar @ Santosh Kumar v. The State Of Bihar

2020-02-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82698 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Santosh Kunwar @ Santosh Kumar Son of Sri Surendra Kunwar Resident of Village- Binodpur, Ward No. 10, P.S.- Muffasil, (Singhaul O.P.), DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that 51.800 litres of Indian Made Foreign Liquor were recovered from the heap of fodder which was situated within the premises of the petitioner. It is submitted by learned counsel for the petitioner that the recovery has been made from an open area and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made

Patna High Court CR. MISC. No.82698 of 2019(2) dt.18-02-2020 2/2 from the heap of fodder which was situated within the premises of the petitioner.

Considering the fact that the recovery has been made from an open area and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II -cum- Special Judge, Excise Act, Begusarai in connection with Excise Complaint Case No. 110C-2 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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