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Patna High CourtCR. MISC./15324/2023allowed

Bittu Pandey @ Ravi Ranjan Pandey v. The State Of Bihar

2023-04-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15324 of 2023 Arising Out of PS. Case No.-461 Year-2022 Thana- SIMRI District- Buxar ====================================================== Bittu Pandey @ Ravi Ranjan Pandey Son Of Kamal Pandey R/V- Bhada, P.S.- Began Gola, District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 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 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 648 litres of I.M.F.L. from a pickup van bearing Reg. No. BR-44GA-2382. 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 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

Patna High Court CR. MISC. No.15324 of 2023(2) dt.28-04-2023 2/2 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 29.01.2023.

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. 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 Excise Court NO. II, Buxar in connection with Simri (Hata O.P.) P.S. Case No. 461 of 2022.

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