Fakira Pandey @ Nilendu Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4638 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== FAKIRA PANDEY @ NILENDU PANDEY Son of Late Lakhan Pandey Resident of Village - Prataptand Purvi, P.s.- Bhagwanpur, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 179/2021 registered for the offences punishable under Sections 272/273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
As per prosecution case, the informant received confidential information that Subodh Pandey @ Ganni Pandey, Fakira Pandey @ Nilendu Pandey and Deepak Kumar @ Deepak Pandey are involved in the trade of illegal foreign liquor and they have kept the consignment of foreign liquor concealed
Patna High Court CR. MISC. No.4638 of 2022(2) dt.21-06-2022 2/3 in the dilapidated veterinary hospital situating in the villagePrataptand. It is further alleged that upon raid in pursuance to the said information. The said dilapidated building was searched in presence of search and seizure witnesses and thereupon total 605.88 litres India made foreign liquor was recovered therefrom. Accordingly, seizure list was prepared and F.I.R. has been instituted against three named persons.
The petitioner is an innocent and has been falsely implicated in this case and nothing incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 08.09.2021 petitioner bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.4638 of 2022(2) dt.21-06-2022 3/3 satisfaction of learned court of Additional Sessions Judge IICum-Excise Court, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 179/2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) 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.
(Alok Kumar Pandey, J) kamlesh/- U T