Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54104 of 2018 Arising Out of PS. Case No.-502 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Santosh Sah, son of Nagendra Sah, resident of village - Dumri, P.S.- Muzaffarpur Sadar, District- Muzaffarpur.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Part ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh, Adv.

For the Opposite Party/s :

Mrs. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-09-2018 Heard Sri Vijay Kumar Singh, learned counsel for the petitioner and Smt. Anita Kumari, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Muzaffarpur Sadar P.S. Case No. 502 of 2018 registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

Learned counsel for the petitioner submits that in this case, nothing was recovered from the possession of the petitioner and the petitioner is having clean antecedent, which fact has been stated in paragraph-3 of the petition. Besides this, it has been argued that the petitioner's name has come on the

Patna High Court Cr.Misc. No.54104 of 2018(2) dt.11-09-2018 2/2 disclosure made by co-accused. He submits that save and except the confessional statement of co-accused, there is no other material to connect the petitioner in the present case. Learned Addl. Public Prosecutor has vehemently opposed the prayer for grant of anticipatory bail. She submits that petitioner's name has come on the disclosure made by one Mukesh Patel.

Considering the nature of accusation, clean antecedent as well as fact that petitioner has been arrayed as accused on the basis of disclosure made by co-accused, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Santosh Sah be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two surities of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 502 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J.) nawalkrs/- U T