Santosh Kumar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25207 of 2022 Arising Out of PS. Case No.-138 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== SANTOSH KUMAR SAW SON OF LATE MAKHAN SAW R/O VILLAGEHANUMAN NAGAR, WARD NO.-19, P.S.- KABAIYA (LAKHISARAI), DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise P.S. Case no. 138C2/21 instituted for the offence under Sections 30(a), 32, 41, 56(a), 56(b) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 50 litres Mahua liquor from a plastic bag, kept on the seat of the motorcycle and petitioner has been implicated in this case as he is the registered owner of the alleged motorcycle. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Prior to lodging the present case, petitioner had sold the alleged vehicle to Amit

Patna High Court CR. MISC. No.25207 of 2022(2) dt.01-09-2022 2/2 Kumar on 13.03.2016, and the same fact has been brought on record as Annexture 2 to the petition. Now he has no concern with the vehicle in question or with the alleged recovery. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise P.S. Case no. 138C2/21, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-V Cum Exclusive Special CourtII, Excise Act, Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/AmanU