Patna High CourtCR. MISC./20520/2021bail granted

Daya Shankar Pandey v. The State Of Bihar

2021-09-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20520 of 2021 Arising Out of PS. Case No.-596 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== DAYA SHANKAR PANDEY S/o Mahendra Pandey Resident of VillageSaphi, P.S.- Brahampur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Jee Mishra, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, about 87 litres of IMFL was recovered from the agricultural land. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has no concern either with the seized article nor with the agricultural field from which it is alleged to have been recovered. The cause of his false implication is an antecedent under the Bihar Prohibition and Excise Act, 2016. He is in custody since 25.11.2020 and investigation in the case has

Patna High Court CR. MISC. No.20520 of 2021(2) dt.06-09-2021 2/2 concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Brahampur P.S. Case no.596 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Buxar.

(Partha Sarthy, J) Saurabh/- U T