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Santosh Sah v. The State of Bihar

Patna HC8 Jan 2025CR. MISC./88285/2024

Case brief

AI extract

What is this about?

Anticipatory bail in an excise case involving recovery of 540 litres of illegal liquor where the petitioner was implicated only on a chaukidar's disclosure. Relying on the Full Bench decision in Ram Vinay Yadav, the court granted pre-arrest bail subject to conditions including trial cooperation and antecedent verification.

What did the court decide?

Petitioner to be released on bail on arrest/surrender within 30 days on furnishing bond of Rs.10,000 with two sureties of like amount before Exclusive Special Judge-I, Sitamarhi, under Section 438(2)

Santosh Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88285 of 2024

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Arising Out of PS. Case No.-250 Year-2024 Thana- BELA District- Sitamarhi

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

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Santosh Sah Son of Sukhdev Sah Resident of Ward No.- 13, Sirsiya Bazar, Post and P.S.- Bela, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Ms.Vagisha Pragya Vacaknavi, Advocate For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 08-01-2025

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Heard Ms.Vagisha Pragya Vacaknavi, learned counsel

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for the petitioner and Mr.Tarun Prasad Mandal, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Bela P.S.Case No.250 of 2024,FIR dated 20.11.2024 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

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Recovery is of 540 liters of illegal liquor.

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Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. It appears from the FIR itself that altogether 540 liters of liquor was recovered on the spot and the name of the petitioner has been transpired on the basis of the disclosure made by the local chaukidar and except the aforesaid, no other

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Patna High Court CR. MISC. No.88285 of 2024(2) dt.08-01-2025 2/4

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cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. No case, whatsoever, would be made out against the petitioners under the Bihar Prohibition and Excise Act.

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Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable.

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This Court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav Vs. State of Bihar reported in 2019 (2) PLJR 1089 . Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of Counsel for the petitioner.

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Considering the aforesaid facts, petitioner has clean antecedent, nothing has been recovered from conscious possession or the house of the petitioner and the name of the petitioner has been transpired on the basis of the disclosure

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Patna High Court CR. MISC. No.88285 of 2024(2) dt.08-01-2025 3/4

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made by the local chaukidar, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail 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-I, Sitamarhi in connection with Bela P.S.Case No.250 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

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Patna High Court CR. MISC. No.88285 of 2024(2) dt.08-01-2025 4/4

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acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Nitesh/- U T

Santosh Sah v. The State of Bihar

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Santosh Sah v. The State of Bihar

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