Santosh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10752 of 2018 Arising Out of PS.Case No. -383 Year- 2017 Thana -BAHERA District- DARBHANGA ====================================================== Santosh Sahni S/o Upendra Sahni, R/o Village- Ghonghiya, P.S.- Bahera and District- 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 : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner seeks anticipatory bail in connection with G.O. Case No. 1667 of 2017 arising out of Bahera PS case no. 383 of 2017 registered for the offences punishable under Sections 30(a) 32(b), 41(i), 37(B) of the Bihar Prohibition and Excise Act, 2016 and 25(1-b)A/ 26(ii)/35 of the Arms Act. The allegation is regarding recovery of 7.500 liters of illicit liquor and one pistol from the house of one co-accused person.
The learned counsel for the petitioners submits that neither any recovery has been effected from the person of the petitioner nor the said house belongs to the petitioner. It is further
Patna High Court Cr.Misc. No.10752 of 2018 (2) dt.27-02-2018 2/2 stated that the petitioner has a clean antecedent. Considering the nature of accusation levelled against the petitioners herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.
Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV-cum- Special Judge, Darbhanga in connection with G.O. Case No. 1667 of 2017 arising out of Bahera PS case no. 383 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) BTiwary/- U T