Golu Pandey @ Lavkesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13527 of 2025 Arising Out of PS. Case No.-13 Year-2024 Thana- Ramdas Rai Ka Dera District- Buxar ====================================================== Golu Pandey @ Lavkesh Pandey S/O Harendra Pandey R/O VillageSimri(Bakulaha Patti), P.S- Simri, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ramdas Rai Ka Dera PS Case No. 13 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 658.8 litres of foreign liquor was recovered from two vehicles i.e. the Bolero vehicle bearing Registration No. BR-01PC-3807 and Scorpio vehicle bearing Registration No. BR-04M9597. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.13527 of 2025(2) dt.28-02-2025 2/3 the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized vehicles. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused persons namely, Imran Sah. The petitioner is in custody since 16.12.2024 and has got five criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 08.01.2025 passed in Cr. Misc. No. 88124 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail, after framing of charge if not already framed on furnishing bail

Patna High Court CR. MISC. No.13527 of 2025(2) dt.28-02-2025 3/3 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramdas Rai Ka Dera PS Case No. 13 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T