Allowed

Santosh Sahni v. The State of Bihar

Patna HC13 May 2020CR. MISC./18504/2020

Case brief

AI extract

What is this about?

The Patna High Court granted bail to a petitioner falsely implicated in an excise case involving country-made liquor. The petitioner was eligible to deposit money in the PM Cares fund as a condition for bail, considering the COVID-19 lockdown.

What did the court decide?

The petitioner was enlarged on bail upon depositing Rs. 5,000 in the PM Cares fund and furnishing a bail bond of Rs. 20,000 with two sureties.

Santosh Sahni Vs The State of Bihar — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18504 of 2020

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Arising Out of PS. Case No.-28 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur

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

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SANTOSH SAHNI S/o Ramdev Sahani R/o Village- Taleghara Ward No. 9, P.S.- Khanpur, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate. Ms. Aprajita, Advocate. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 13-05-2020

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This case has been posted before me for hearing through video- conferencing, under the orders of Hon’ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic.

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) and (c)of the Bihar Prohibition and Excise Act, 2016.

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18 liters of country made liquor and 600 liters of raw material for brewing liquor which were kept under the ground is said to have been recovered from a chaur (lonely place).

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It is submitted by learned counsel for the petitioner that

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Patna High Court CR. MISC. No.18504 of 2020(2) dt.13-05-2020 2/3

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no such occurrence as alleged ever took place. He has no concern either with the seized liquor or the place of recovery. The place of recovery is an open field and easily accessible to anyone. He has been falsely implicated in this case due to animosity. Petitioner is a poor fisherman. He has no criminal antecedent and has been languishing in custody since 18.01.2020.

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Petitioner is agreed to deposit a sum of Rs.5000.00 (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

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Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge2^nd -cum-Special Judge Excise, Samastipur in connection with Excise Case No.28 of 2020.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the PM Cares fund.

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Since there is a lockdown, the Court has considered it

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Patna High Court CR. MISC. No.18504 of 2020(2) dt.13-05-2020 3/3

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appropriate to adopt the following procedures for communication of the present order:-

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(i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary.

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(ii) The corrected copy of the order shall be signed by me digitally and transmitted through my e-mail I.D. to Secretary for needful, which shall be treated to be authentic copy of the order passed by this Court today in the present proceeding.

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(iii) Hard copy of the order signed by me, shall be preserved in my residential office for documentation and for future use, if any.

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(Anjani Kumar Sharan, J.)

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Trivedi/-

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U T

Santosh Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Sahni v. The State of Bihar

Case brief

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