Santosh Agnihotri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43578 of 2025 Arising Out of PS. Case No.-676 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Santosh Agnihotri S/o Late Kripashankar Agnihotri R/o Village- Gawandri, .S.- Kundwachainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Turkaliya (Banjariya) P.S. Case No. 676 of 2021 dated 30.08.2021 instituted for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 38, 41(i) of Bihar Prohibition and Excise Act.

3. The allegation is of recovery of total 2916.32 litres foreign liquor from the pick-up van and godown.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not named in the F.I.R. Only on the basis of confessional statement of co-accused, Vikash Kumar, the petitioner has been made accused in this case.

Patna High Court CR. MISC. No.43578 of 2025(2) dt.16-07-2025 2/2 It is submitted that the petitioner is neither the owner or driver of the pick-up van. The petitioner is also not the owner of the godown. The petitioner has no concern with the said recovery. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Turkauliya (Banjariya) P.S. Case No. 676 of 2021, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Motihari, East Champaran subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) premchand/- U T