Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71903 of 2023 Arising Out of PS. Case No.-290 Year-2023 Thana- Excise P.S. District- Jehanabad ====================================================== Santosh Sah Son Of Baijnath Sah R/O Village- Ekwari, P.S.- Sahar, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) and 32(c) of the Bihar Prohibition & Excise Act.

There is recovery of 16.50 litres of illicit Indian made foreign liquor from the auto-rickshaw of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.71903 of 2023(2) dt.08-11-2023 2/2 from the conscious possession of the petitioner. The petitioner is owner and driver of the seized vehicle and while he was waiting for passanger, one person took the stuff and fled away. The petitioner is languishing in custody since 09.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, ExciseII, Jehanabad in connection with Arwal Excise P.S. Case No. 290 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T