Santosh @ Santosh Kumar @ Teni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21246 of 2022 Arising Out of PS. Case No.-355 Year-2021 Thana- NADI P.S. District- Patna ====================================================== SANTOSH @ SANTOSH KUMAR @ TENI Son of Bipal Rai Resident of Village - Jethuli, P.S.- Nadi, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Binod Kumar No. III, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of 230.4 litre of liquor from a Mango orchard near a railway line.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits that even the place from where the alleged recovery is shown

Patna High Court CR. MISC. No.21246 of 2022(2) dt.05-08-2022 2/2 does not belong to the petitioner and his name was disclosed by the local people but the name of the local people is also not disclosed in the FIR which amply demonstrates that the petitioner has been falsely implicated with a view to save the real culprits.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nadi P.S. Case No. 355 of 2021, Spl. Case No. 8061 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T