Sandeep Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12614 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Sandeep Kumar Pandit Son Of Ram Narayan Pandit R/V- Painta, P.S.- Phulparas, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 420, 467, 468, 471, 120(B)/34 of Indian Penal Code and Sections 30(a), 32(i)(ii), 36, 41(2) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of1770.39 litres of country made liquor from different vehicles. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the

Patna High Court CR. MISC. No.12614 of 2023(2) dt.24-04-2023 2/3 alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 14.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similalry situated several co-accused persons have been granted bail vide order dated 14.10.2022 and 17.10.2022, passed in Cr. Misc. no. 52468 of 2022 and 53198 of 2022 respectively by co-ordinate Bench of this Court.

Learned APP appearing for the State has 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.

Patna High Court CR. MISC. No.12614 of 2023(2) dt.24-04-2023 3/3 The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Lakhonour P.S. Case No. 139 of 2022.

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