Patna High CourtCR. MISC./4705/2020bail granted

Santosh Pandey v. The State Of Bihar

2020-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4705 of 2020 Arising Out of PS. Case No.-592 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== SANTOSH PANDEY Son of Yamuna Pandey Resident of Village - Sapahi, P.S.- Buxar, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Rai For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Brahmpur P.S. Case No. 592 of 2018 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

The allegation is regarding recovery of huge quantity of illicit foreign liquor from the barrage situated in front of the open field at Mahaji Dera village. It is alleged that when the accused person, namely, Munna Yadav was arrested, he is said to have disclosed about complicity of the petitioner herein. The learned counsel for the petitioner has submitted that since the petitioner is having a bad incident, he has been falsely implicated in the present case. Lastly, it is submitted that

Patna High Court CR. MISC. No.4705 of 2020(2) dt.23-01-2020 2/2 the said Munna Yadav and other accused persons have already been granted bail by different co-ordinate Benches of this Court vide orders dated 05.03.2019, 15.03.2019 and 01.08.2019 passed in Cr. Misc. No.11741 of 2019, 15479 of 2019 and 48039 of 2019, respectively.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner to those of the accused persons who have already been granted bail by different Benches of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge- 2nd cum Special Jude (Excise), Buxar in connection with Brahampur P.S. Case No. 592 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T