Santosh Kumar Sahni @ Santosh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28064 of 2018 Arising Out of PS. Case No.-311 Year-2016 Thana- KAHALGAON District- Bhagalpur ====================================================== Santosh Kumar Sahni @ Santosh Sahni, son of Kailash Prasad Sahni, resident of village - Kagji Tola, Ward No. 8, Police Station- Kahalgaon, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2018 Heard Sri Md. Najmul Hodda, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody since 14.4.2018 with clean antecedent, which fact has been stated in paragraph no. 3 of the petition, has prayed for grant of bail in connection with Kahalgaon P.S. Case No. 311 of 2016, registered for the offence under Section 47 of the Bihar Excise Amendment Act, 2016.

Learned counsel for the petitioner has drawn my attention to the F.I.R. i.e. Annexure - '1' to the petition to show that F.I.R. was lodged against unknown owner of a motorcycle bearing registration no. BR10J2505. It was submitted by learned counsel for the petitioner that subsequently a case was

Patna High Court Cr.Misc. No.28064 of 2018(2) dt.08-05-2018 2/2 made out as if the said motorcycle was sold to the petitioner, however, it has been claimed that ownership of the vehicle is running in the name of a different person in the office of D.T.O. It has been argued that since petitioner is a Ward Counsellor, he has falsely been implicated in the present case. Be that as it may, since F.I.R. was lodged against unknown, petitioner is having clean antecedent and only on the basis of statement of someone, who has claimed to be the earlier owner of the vehicle and said regarding transferring the vehicle to petitioner without its registration in the name of petitioner , there is no reason to further detain the petitioner. Let the petitioner Santosh Kumar Sahni @ Santosh Sahni be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Bhagalpur / concerned court in connection with Kahalgaon P.S. Case No. 311 of 2016.

(Rakesh Kumar, J) praful/- U T