Santoshi Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43193 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- BAGHA District- West Champaran ====================================================== SANTOSHI SAHANI SON OF LAXMI SAHANI RESIDENT OF VILLAGE- SHASTRI NAGAR, PS- BAGAHA, DISTT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with two antecedent and allegation is of recovery of 120.35 liters of liquor from bank of Gandak river. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on the secret information which is the easiest way to implicate someone, it is

Patna High Court CR. MISC. No.43193 of 2023(2) dt.11-07-2023 2/2 next submitted that police because of his antecedent implicated the petitioner in the present case, it is further submitted that even the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bagaha (Pathkhauli) P.S. Case No. 393 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T