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Santosh Kumar Sah @ Santosh Sahu v. The State Of Bihar

Patna HC12 Mar 2018CR. MISC./12699/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case under Sections 272, 273 of the IPC and Bihar Prohibition and Excise Act, 2016, pending surrender to the Special Judge, Excise, within six weeks, on the basis of lack of direct evidence and absence of conscious possession.

What did the court decide?

Release on anticipatory bail by furnishing bail bonds of Rs. 10,000 with two sureties of Rs. 10,000 each upon surrender within six weeks.

Santosh Kumar Sah @ Santosh Sahu Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12699 of 2018

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Arising Out of PS. Case No.-157 Year-2017 Thana- BITHAN BAZAR District- Samastipur

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======================================================

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Santosh Kumar Sah @ Santosh Sahu S/o Thakko Sah @ Thakko Sahu, R/o Village- Salha Bujurg, Salha, P.S.- Bithan, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bhubneshwar Prasad For the Opposite Party/s : Mr. JAGDHAR PRASAD ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 12-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 30 liters country made wine along with 90 liters jawa gur (raw material) is alleged to have been recovered.

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There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the local residents. The name of 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. It

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Patna High Court Cr.Misc. No.12699 of 2018(2) dt.12-03-2018 2/2

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is alleged that 30 liters country made wine and 90 liters jawa gur (raw material) are recovered from the mango orchard and bamboo orchard respectively. The said mango orchard and bamboo orchard do not belong to 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.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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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 VIth Additional Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with Bithan P.S. Case No. 157 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Santosh Kumar Sah @ Santosh Sahu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar Sah @ Santosh Sahu v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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