Santosh Kumar @ Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86121 of 2019 Arising Out of PS. Case No.-582 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Santosh Kumar @ Santosh Singh, aged about 26 years, Male, Son of Asharfi Singh, Resident of Village - Takina, P/S- Mashrakh, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Marhowrah P.S. Case No. 582 of 2019, registered for the offence punishable under Sections 30/30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that the Police got a secret information that some persons have brought huge consignment of liquor whereupon it proceeded towards the place of occurrence and recovered a total quantity of 840 liters of illicit liquor from the newly constructed house of one Pankaj @ Sanjay Mahto. It has further been alleged that the co-villagers had informed the Police that petitioner along with others are indulged in the trade

Patna High Court CR. MISC. No.86121 of 2019(2) dt.25-02-2020 2/3 of illegal liquor along with the said co-accused Pankaj @ Sanjay Mahto.

Mr. Alok Kumar Alok, learned counsel for the petitioner submits that petitioner has got no criminal antecedent and has falsely been implicated in this case on the basis of statement made by the co-villagers. Learned counsel further submits that from the seizure list it is evident that illicit liquor has been recovered from the house of the co-accused Pankaj @ Sanjay Mahto and no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner. After having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks from the date of receipt of a copy of this order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge

Patna High Court CR. MISC. No.86121 of 2019(2) dt.25-02-2020 3/3 -Cum- Special Judge, Excise, Saran at Chapra in connection with Marhowrah P.S. Case No. 582 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.

(Anil Kumar Sinha, J) praful/- U T