Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79820 of 2024 Arising Out of PS. Case No.-387 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Santosh Sahani Son of Narad Sahani Resident of Village-Pakariya Tola, Kubra, P.S- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Harsidhi P.S. Case no. 387 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a raid being conducted while co-accused Mantosh Sahani was caught, his brother, the petitioner herein managed to escape. On search 40 litres of country made liquor was recovered from the house.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's house. He has been falsely implicated in the case. He was not arrested at the place of occurrence. His brother, co-accused Mantosh Sahani has been enlarged on bail vide order 24.9.2024

Patna High Court CR. MISC. No.79820 of 2024(2) dt.28-11-2024 2/2 passed in Cr. Misc. no.67855 of 2024. The petitioner has no antecedent under the Bihar Prohibition and Excise Act, 2016. He is in custody since 14.9.2024.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., grant of bail to co-accused Mantosh Sahani vide aforesaid order dated 24.9.2024 and especially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Harsidhi P.S. Case no. 387 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Motihari, East Champaran. (Partha Sarthy, J) avinash/- U T