Munna Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37045 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== MUNNA PANDEY Son of Sidhnath Pandey @ Sidhi Pandey Resident of village - Mishrawali (Nandpur), P.S.- Barahampur, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barahampur P.S. Case No. 09 of 2020 for the offence registered under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 535 litres of illicit liquor from Scorpio vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 19.03.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 8 of the present petition that he has got no concern with the vehicle in question from which illicit

Patna High Court CR. MISC. No.37045 of 2021(2) dt.14-12-2021 2/2 liquor was recovered.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is not the owner of the vehicle in question, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cumSpecial Judge, Excise, Buxar in connection with Barahampur P.S. Case No. 09 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T