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Patna High CourtCR. MISC./4722/2023allowed

Chandan Pandey @ Halchal Pandey v. The State Of Bihar

2023-04-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4722 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- BUXAR District- Buxar ====================================================== CHANDAN PANDEY @ HALCHAL PANDEY Son of Bhuneshwar Pandey Resident of Village- Sumeshwar Asthan, P.S.- Buxar Nagar, District- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Prasad Gupta For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution story, the informant get secret information that the petitioner is indulged in business of selling liquor, thereafter, he along with police personnel reached there and recovered total 32.940 liters illicit liquor from house of the petitioner.

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 by police. Petitioner has no concern with the alleged recovery of

Patna High Court CR. MISC. No.4722 of 2023(2) dt.06-04-2023 2/2 illicit liquor or with the place of occurrence which is joint family house. Nothing incriminating article has been recovered from conscious possession of the petitioner. Moreover, The petitioner is languishing in judicial custody since 15.9.2022. 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 Buxar (Town) P.S. Case No. 168 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Excise Court No.-1, Buxar.

(Sunil Kumar Panwar, J) Amandeep/- U T