Santosh Sahu v. The State of Bihar BIHAR

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Nilendu Kumar Choudhary Mr.Shantanu Kumar ORAL ORDER 2 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bahadurpur (Pator O.P.) P.S. Case No. 498/2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there was alleged recovery of 151.170 liters foreign liquor from the place of occurrence and apprehended co-accused Sanjay Manjhi and Bhopal Mandal disclosed the name of petitioner and other who were involved in supplying the illicit liquor for selling.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is not apprehended on the spot and nothing Patna High Court CR. MISC. No.3092 of 2024(2) dt.31-01-2024 has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since

17.11.2023. He orally submits that the petitioner bears criminal antecedent of three cases and in all cases he is on bail. He further submits that except confessional statement of co-accused Sanjay Manjhi and Bhopal Mandal, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that the petitioner was not concerned with the seized liquor and he was not in any way connected with the alleged occurrence. He orally submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-1st (Excise Act), Darbhanga in connection with Patna High Court CR. MISC. No.3092 of 2024(2) dt.31-01-2024 Bahadurpur (Pator O.P.) P.S. Case No. 498/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. amitkumar/- U T (Alok Kumar Pandey, J)