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2025 DAILYLAW 36247 (PAT)

Santosh Singh @ Santosh Kumar Singh v. The State of Bihar

CR. MISC./26140/2025 · 2025-04-25

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26140 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- AMNAUR District- Saran ====================================================== Santosh Singh @ Santosh Kumar Singh S/o Parmeshwar Singh R/o Village- Jhakhra, P.S.- Amnour, District- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Avinash Kumar Pandey, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 25-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Amnour P.S. case No. 23 of 2025 instituted for the offences under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 209 liters liquor was recovered out of which 39 liters liquor was recovered from field and 170 liters liquor was recovered from the motorcycle. 4. 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 Patna High Court CR. MISC. No.26140 of 2025(2) dt.25-04-2025 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that the recovery is made from open field which is accessible to one and all. Further, the motorcycle in question does not belong to the petitioner. The petitioner is in custody since 04.02.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co- accused have been granted bail by this Bench vide order dated 08.04.2025 passed in Cr. Misc. No. 21756 of 2025. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. 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 Amnour P.S. case No. 23 of 2025. Pankaj/- (Rudra Prakash Mishra, J) U T