Santosh Sahni Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Santosh Sahni Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released in connection with Alamganj P.S. Case No. 1097 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Patna City.

Issue for consideration

Whether the petitioner, in judicial custody since 01.12.2023 in connection with Alamganj P.S. Case No. 1097 of 2023 registered for offences punishable under Sections 30(a), 32 and 36 of the Bihar Prohibition and Excise Act, should be enlarged on regular bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail in connection with Alamganj P.S. Case No. 1097 of 2023 on furnishing a bail bond of Rs.10,000/- (ten thousand).

Key takeaways

Release on bail was conditioned on furnishing two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise, Patna City.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Justice Sunil Kumar Panwar, oral order dated 01-02-2024) granted regular bail to Santosh Sahni in connection with Alamganj P.S. Case No. 1097 of 2023 (District Patna), registered for offences punishable under Sections 30(a), 32 and 36 of the Bihar Prohibition and Excise Act. The petitioner was alleged to have been apprehended with a Yamaha scooty bearing Registration No. BR01EM-9829 from which 50 liters of country made liquor was recovered, and had been languishing in judicial custody since 01.12.2023. Having heard learned counsel for the petitioner and the APP for the State, and considering the facts and circumstances, the court enlarged the petitioner on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise, Patna City.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3779 of 2024

Arising Out of PS. Case No.-1097 Year-2023 Thana- ALAMGANJ District- Patna

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

Santosh Sahni S/O Late Laxmi Sahni @ Laxmi Sahani R/O Gosai Ghat, Alamganj Chowki, P.S- Alamganj, Distt.- Patna.

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Pradhan For the Opposite Party/s : Mr.Parmanand Prasad ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

2 01-02-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32, 36 of the Bihar Prohibition and Excise Act.

The petitioner is alleged to have been apprehended with a Yamaha scooty bearing Registration No. BR01EM-9829 from where 50 liters of country made liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with vehicle in question. No any incriminating article has been recovered from conscious possession of the

Patna High Court CR. MISC. No.3779 of 2024(2) dt.01-02-2024 2/2

petitioner. The petitioner is languishing in judicial custody since 1.12.2023.

Learned APP appearing for the State has

vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alamganj P.S. Case No. 1097 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Patna City.

(Sunil Kumar Panwar, J)

Amandeep/-

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