Santosh Singh @ Santosh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Santosh Singh @ Santosh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kateya P.S. case No. 17 of 2024, subject to conditions: (I) one bailor shall be own/close member of the family of the petitioner; (II) appearance on each and every date fixed at trial, with liberty to the Trial Court to cancel the bail bonds on default in appearance on two consecutive dates.

Issue for consideration

Whether the petitioner, in custody since 29.01.2024 in connection with Kateya P.S. Case No. 17 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to be released on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court was inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kateya P.S. case No. 17 of 2024, subject to the following conditions: (I) one of the bailors shall be own/close member of the family of the petitioner; (II) the petitioner shall appear on each and every date fixed at the trial, and in case of default in appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.) allowed a bail application under the Bihar Prohibition and Excise Act in connection with Kateya P.S. Case No. 17 of 2024 (District Gopalganj), wherein 686.4 liters of liquor was alleged to have been recovered from the car in question. The petitioner, in custody since 29.01.2024 and having three criminal antecedents, pleaded innocence, false implication, absence of conscious possession, implication merely on suspicion by the local constable, and non-compliance of Section 100 of Cr.P.C., while the State opposed. Considering the facts, circumstances and period of custody, the Court released the petitioner on bail on a bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, subject to conditions that one bailor be an own/close family member and that the petitioner appear on each trial date, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23278 of 2024

Arising Out of PS. Case No.-17 Year-2024 Thana- KATEYA District- Gopalganj

======================================================

Santosh Singh @ Santosh Kumar Son of Banka Bhagat R/o Sahpur Pakdiyar, P.S. Gopalpur, District- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Harendra Prasad, Advocate For the Opposite Party/s : Mr.Manoj Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 22-03-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner seeks bail in Kateya P.S. case No. 17 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 686.4 liters liquor was recovered from the car in question.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.23278 of 2024(2) dt.22-03-2024 2/3

of liquor. It is further submitted that the name of the petitioner has transpired only on the basis of suspicion by the local constable. The petitioner is in custody since 29.01.2024 and has got three criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kateya P.S. case No. 17 of 2024 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance

Patna High Court CR. MISC. No.23278 of 2024(2) dt.22-03-2024 3/3

on two consecutive dates, the Trial Court will have liberty

to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Pankaj/- U T