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Patna High CourtCR. MISC./83151/2019bail granted

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

2020-01-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83151 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- GADHPURA District- Begusarai ====================================================== SANTOSH KUMAR @ SANTOSH KUMAR RAY Son of Bibhuti Bhushan Ray @ Chandra Bhushan Ray @ Vibhuti Bhushan Ray Resident of Village - Khumharson, P.S.- Garhpura, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Garhpura P.S. Case No.75 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that, in course of search by the informant and other police personnel, 24 bottles, each containing 750 ml. and 126 bottles, each containing 180 ml., Indian Made Foreign Liquor were recovered outside the boundary wall of the house of the petitioner. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the alleged recovery was not made from the house of the petitioner. Since

Patna High Court CR. MISC. No.83151 of 2019(2) dt.16-01-2020 2/2 the petitioner is accused in similar nature of case, as detailed in paragraph-3 to this application, due to that reason the police falsely implicated the petitioner and his father in the present case. The petitioner is in custody since 25.11.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge (Excise Act), Begusarai, in connection with Garhpura P.S. Case No.75 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T