Patna High CourtCR. MISC./32451/2021bail granted

Santosh Sahni v. The State Of Bihar

2022-02-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32451 of 2021 Arising Out of PS. Case No.-386 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Santosh Sahni S/o Sri Sundeshwar Sahni R/o village- Chhatwara, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is apprehending his arrest in a case registered in connection with Tajpur ( Halai) P.S.Case No. 386 of 2017 for the offences punishable under Sections 272, 273, 279, 353 and 427 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act 2016.

As per F.I.R, 119.700 liters of foreign liquor was recovered from a Maruti Car.

Learned counsel for the petitioner submits that petitioner was neither caught of the spot nor foreign liquor was recovered from his possession. From perusal of the seizure list it appears that liquor was recovered from a car which does not belongs to the petitioner. Petitioner name has been surfaced on

Patna High Court CR. MISC. No.32451 of 2021(2) dt.23-02-2022 2/2 the basis of confessional statement of driver Sanjeev Kumar. Petitioner has got clean antecedent.

Learned Additional Public Prosecutor opposes the bail prayer of the petitioner.

Considering the facts and circumstance of the case as well as submission of the parties, let the petitioner in the event of his arrest or surrender before the Court Below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-II cum Special Judge, Excise, Samastiput in connection with Tajpur( Halai) P.S Case No.386 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C .

(Sunil Kumar Panwar, J) N.K/- U T