Santosh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14151 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- KATHAIYA District- Muzaffarpur ====================================================== Santosh Sahni Son of Vishwanath Sahni Resident of Village - Pichpura, P.S.- Paroo, District - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Kathaiya P.S. Case no. 98 of 2020 registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on secret information having been received and search conducted, a total of 770 litres of liquor was recovered from the trucks in question. It is further stated that the driver of one of the trucks disclosed that it was on the orders placed by the petitioner and one another that the liquor was being carried for supply. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.14151 of 2021(2) dt.22-07-2021 2/2 that the allegations as levelled in the F.I.R. are false and concocted. He has been falsely implicated in the case. He has no concern either with the truck/motorcycle, its occupants nor with the seized liquor. His name has transpired in the confessional statement of a co-accused made before the police. He is in custody since 11.11.2020, investigation in the case has concluded and he has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the investigation in the case having concluded, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kathaiya P.S. Case no. 98 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur.

(Partha Sarthy, J) Bibhash U