Disposed

Santosh kumar v. The State of Bihar

Patna HC20 Sept 2024CR. MISC./68914/2024

Case brief

AI extract

What is this about?

Regular bail application in an excise case where foreign liquor was recovered from a car not in the petitioner's conscious possession; the High Court granted bail on furnishing bail bonds with two sureties, subject to appearance conditions.

What did the court decide?

Regular bail granted on bail bond of Rs. 10,000 with two sureties of like amount, subject to appearance before the court as required.

Santosh kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.68914 of 2024

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Arising Out of PS. Case No.-171 Year-2017 Thana- SINGHWARA District- Darbhanga

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

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Santosh kumar Son of Ram Padarath Ray Resident of Village - Shahpur, P.S. - Rampur Hari, District - Muzaffarpur

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Pradeep Narain Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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2 20-09-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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This application, for grant of regular bail, arises out of Singhwara Police Station Case No. 171 of 2017, disclosing offences under Sections 272, 273, 279, 353, 34 of the Indian Penal Code.

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As per the prosecution case, on 23.09.2017, when the informant with his teammates was engaged in checking the vehicles at a particular chowk, one car was seen coming at about 9:00 pm and when it was signaled to stop, the driver of the car alongwith one other person escaped. It has further been alleged

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Patna High Court CR. MISC. No.68914 of 2024(2) dt.20-09-2024 2/3

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that altogether, 133.56 liters of foreign liquor has been recovered from the aforesaid car along with relevant documents of the car showing the name of one Narayan Bhagat as the owner of the car.

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Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the FIR and nothing has been recovered from his conscious possession. He next submits that no article, which was recovered from the spot, or the vehicle concerned belongs to the petitioner. He further submits that the car belonged to one Vijay Srivastava originally and he sold it to the petitioner and without knowing anything regarding the case pending against the car, the petitioner purchased it and compelled to face the confiscation proceeding. The petitioner is in custody since 09.08.2024.

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Regards being had to the submissions made by the parties and taking into consideration the nature of allegation and the fact that the illicit liquor has not been recovered from his conscious possession, I am inclined to grant regular bail to the petitioner.

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Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

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Patna High Court CR. MISC. No.68914 of 2024(2) dt.20-09-2024 3/3

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two sureties of the like amount, each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga, in connection to the Singhwara Police Station Case No. 171 of 2017, disclosing offences under Sections 272, 273, 279, 353, 34 of the Indian Penal Code.

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This is subject to the condition that the petitioner shall present themselves before the Court, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

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(Anil Kumar Sinha, J)

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HarshPandey/-

Santosh kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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