Patna High Court - Orders
Santosh Sah vs The State Of Bihar on 29 January, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47630 of 2024
Arising Out of PS. Case No.-27 Year-2024 Thana- KOTWA District- East Champaran
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Santosh Sah Son of Wakil Sah Resident of Village - Chaube Tola, P.S.-
Bhopatpur O.P. (Kotwa), District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 29-01-2025Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act in connection with Kotwar (Bhopatpur) P.S. Case No.27 of 2024.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 1080.72 liters of liquor from the house of Krishna Rai.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at Patna High Court CR. MISC. No.47630 of 2024(3) dt.29-01-2025 2/3 the instance of 'Chowkidar' with whom he is on inimical term. It is also submitted that if the Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR. It is also submitted that once a person is implicated in a case relating to excise, in that event the police starts implicating mechanically.
5. The learned APP for the State opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Chamapan in connection with Kotwar (Bhopatpur) P.S. Case No.27 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial court thereafter shall verify the criminal antecedent of the petitioner Patna High Court CR. MISC. No.47630 of 2024(3) dt.29-01-2025 3/3 and in the event, if it is found that petitioner has antecedent of more than six cases, in that event, the provisional anticipatory bail shall not be confirmed, but if it is found that petitioner has antecedent of six cases only, in that event provisional anticipatory bail shall be confirmed.
8. The application stands allowed.
(Satyavrat Verma, J)
Prakash Narayan
U T