Santosh Sahani @ Santosh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48199 of 2023 Arising Out of PS. Case No.-320 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SANTOSH SAHANI @ SANTOSH SAHNI Son of Late Bindeshwar Sahni Resident of Village - Shivaji Nagar, P.s - Town, Dist.t - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State

2. The petitioner seeks bail in connection with Kuchaikote P.S. Case No. 320 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 28.06.2023.

4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 132.300 litres of IMFL/country made liquor.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner is the driver of the alleged tempo/3 wheeler, which is a public carrier carrying passenger and as such it can be safely said that recovery of illicit liquor not

Patna High Court CR. MISC. No.48199 of 2023(2) dt.09-08-2023 2/3 appears to be made from the conscious physical possession of the petitioner, where implication appears only being driver of the said tempo. While concluding the argument, it is submitted that petitioner found involved in three more cases, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of State, opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above as implication of petitioner appears only being driver of the alleged tempo, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 28.06.2023, accordingly, above named petitioner is directed to be released on bail in connection with Kuchaikote P.S. Case No. 320 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IVcum-Exclusive Special Excise Court No.2, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. with further conditions:- (i) That the petitioner shall not indulge in any criminal case till the

Patna High Court CR. MISC. No.48199 of 2023(2) dt.09-08-2023 3/3 conclusion of trial, failing which, the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till the conclusion of trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be deponent of the present bail petition.

(Chandra Shekhar Jha, J) S.Tripathi/- U T