Santosh Kumar vs The State Of Bihar
2021 Latest Caselaw 912 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.11629 of 2020
  Arising Out of PS. Case No.-53 Year-2008 Thana- GOVERNMENT OFFICIAL COMP.
                                   District- Jehanabad
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Santosh Kumar, aged about 40 years, (M), Son of Naresh Saw @ Naresh Prasad, Resident of Village - Rampur Chai, P.S. - Karpi, District - Arwal

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath, Advocate For the State : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

Heard Mr. Paras Nath, learned counsel for the petitioner

and Mr. Tapeshwar Sharma, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 16.12.2019 in

Cr. Misc. No. 78491 of 2019.

3. The petitioner is in custody in connection with Excise

Case No. 53 of 2008 dated 26.11.2007, instituted under Section

47(a) of the Bihar Excise Act, 1915.

4. The allegation against the petitioner is that from his

shop 124.285 litres of Indian made foreign liquor was

recovered.

5. Learned counsel for the petitioner submitted that it Patna High Court CR. MISC. No.11629 of 2020 dt.17-02-2021

was the first offence of the petitioner and further that he was

only a salesman in the shop. With regard to him having

absconded for 12 years, it was submitted that the petitioner had

no information about the case. It was submitted that earlier the

Court had rejected the application primarily on the ground that

the petitioner had not come before the Court for 12 years.

Learned counsel submitted that the maximum sentence for the

offence is 3 years with fine and the petitioner is in custody since

22.10.2019.

6. Learned APP submitted that it was the shop of the

petitioner as is clear from the seizure list itself and thus, he

cannot be said to have been unaware of the case being filed.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional

Sessions Judge-II-cum-Special Judge, Excise, Jehanabad in

Excise Case No. 53 of 2008 (Re-Trial No. 4143 of 2019),

subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the Patna High Court CR. MISC. No.11629 of 2020 dt.17-02-2021

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T