Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75520 of 2019 Arising Out of PS. Case No.-250 Year-2019 Thana- LAKHNAUR District- Madhubani ====================================================== SANTOSH SAH S/o Shambhu Sah R/o village- Kaitampubari Tole, P.S.- Lakhnaur, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate For the State :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 170.100 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the alleged recovery is made from the car standing in front of the house of the petitioner. The car in question does not belong to the petitioner. Except for this, there is no other substantive

Patna High Court CR. MISC. No.75520 of 2019(2) dt.26-11-2019 2/2 evidence to suggest the implication of the petitioner in this case. It is alleged that 170.100 liters wine is recovered from the joint house of the petitioner. 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. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Lakhnaur R.S. (O.P.) P.S. case No.250 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T