Patna High CourtCR. MISC./46796/2017bail granted

Mithilesh Pandey @ Mithlesh Pandey And ANR v. The State Of Bihar

2017-09-21Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46796 of 2017 Arising Out of PS. Case No.-128 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== 1.

Mithilesh Pandey @ Mithlesh Pandey, son of late Yogendra Pandey 2.

Navnit Pandey @ Navnit Kumar Pandey, son of Mahesh Pandey Both are residents of village- Fulwariya, P.S. Chakiya, District, East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

SMT. NIRMALA KUMARI ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for offences punishable under Sections 272, 273 and 290 of the Indian Penal Code and Sections 30 (a) 50(g), 57 and 60 of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 103 litres, 320 ML. foreign liquor were recovered from the dickey of the car. It is further contended that petitioner was not apprehended from the spot rather the driver of the car has taken the name of the petitioner. It is lastly contended that driver of the car has already been granted bail by this Court vide order dated 25.08.2017 passed in Criminal Miscellaneous No.40398 of 2017. Petitioners

Patna High Court Cr.Misc. No.46796 of 2017(2) dt.21-09-2017 2/2 claim that they are having clean antecedent and are in custody since 17.08.2017.

Having regard to the facts and the circumstances of the case, the abovenamed petitioners are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the VIIth Addl. Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Chakiya P.S. Case No. 128/2017.

Further, if the petitioners, after their release in this case, are again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of their bail bonds.

(Dr. Ravi Ranjan, J) Sanjay/- U T