Santosh Srivastava @ Santosh Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51438 of 2025 Arising Out of PS. Case No.-265 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== Santosh Srivastava @ Santosh Kumar Verma S/O Late Kailash Prasad R/V Chhatauni Bazar, P.S- Chhatauni, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore @ Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 270, 272, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, 156 litres Nepali liquor was recovered from a car.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this. The alleged illicit liquor has been recovered from a car and the petitioner has no concern

Patna High Court CR. MISC. No.51438 of 2025(2) dt.31-07-2025 2/2 with it. The petitioner has been made an accused in this case because the alleged recovery has been made from the vehicle of his tenant. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise Court No.1, East Champaran, Motihari, in connection with Chhatauni P.S. Case No. 265 of 2019, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Prabhat Kumar Singh, J) shikha/- U T