Santosh Sahni @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85608 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Santosh Sahni @ Santosh Kumar S/o- Ramprit Sahni Resident of VillageMadhu Chhapra PS- Bairagania, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Altogether 224.4 litres of Nepali Saufi liquor has been recovered from two sacks of cotton and three sacks of plastic kept on the motorcycles. After seeing the police party, petitioner as well as other co-accused is said to have fled away from the spot.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious possession of the petitioner or from his house. He has no concern either with the seized liquor or the place of recovery or

Patna High Court CR. MISC. No.85608 of 2024(2) dt.19-12-2024 2/3 any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He was not apprehended on the spot. He is neither the owner nor the driver of the seized motorcycles. His name has been transpired in the present case merely on the basis of false identification made by local Chowkidar. Learned counsel further submits that petitioner has one criminal antecedent in similar nature of offence that of the present case as mentioned in para 3 of the bail application.

5. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Bairagania P.S. Case No. 237 of 2024, subject to the condition as laid down under Section 482 (2) of the

Patna High Court CR. MISC. No.85608 of 2024(2) dt.19-12-2024 3/3 B.N.S.S., 2023, subject to the further conditions that

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Lawyer's Association Welfare Benevolent Fund, Patna.

(Anjani Kumar Sharan, J) divyanshi/- U T