Santosh Sahani @ Santu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74581 of 2022 Arising Out of PS. Case No.-850 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== SANTOSH SAHANI @ SANTU, Male, aged about 25 years, Son of Kalika Sahani, Resident of Village - Siswa, P.S.- Banjariya, District - East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Turkauliya (Banjariya) P.S. Case No. 850 of 2022 for the offence registered under Sections 414, 272, 273 of the I.P.C. and Sections 30(a), 32, 34 and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 100 liters wine is said to have been recovered from the Motorcycle in question.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.74581 of 2022(2) dt.20-04-2023 2/3 He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 100 liters wine is recovered from the Motorcycle in question. The Motorcycle in question does not belong to the petitioner. The petitioner is named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of disclosure made by the local residents. The name of the local residents, who have named the petitioner, has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner.

The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).

On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.74581 of 2022(2) dt.20-04-2023 3/3 petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 2, Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No. 850 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T