Santosh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27125 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- EXCISE PATORI District- Samastipur ====================================================== Santosh Sahni S/o Nathuni Sahni Resident of Village- Vikrampur, Sarangpur, P.S.- Sarairanjan, Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Surya Narayan Roy, learned counsel appearing on behalf of the petitioner and Mr. Arun Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Patori Excise P.S. Case No. 92 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. .

3. Allegation is of recovery of 15 litres of country made liquor from co-accused Mukesh Kumar who was apprehended on the spot with the motorcycle bearing Registration No. BR 33AZ9442.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. Petitioner is the owner

Patna High Court CR. MISC. No.27125 of 2025(2) dt.07-05-2025 2/3 of the motorcycle in question, but the said motorcycle was being driven by co-accused Mukesh Kumar from whom liquor was allegedly recovered. Nothing has been recovered from the possession of the petitioner. He has no concern either with the seized liquor or trade of liquor in any manner. The petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that the alleged motorcycle of which the petitioner is said to be the owner is being driven by the coaccused Mukesh Kumar from whom liquor was recovered, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Samastipur in connection with Patori Excise P.S. Case No. 92 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.27125 of 2025(2) dt.07-05-2025 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T