Munnu Pandit @ Manu Pandit @ Vijay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25188 of 2019 Arising Out of PS. Case No.-613 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== MUNNU PANDIT @ MANU PANDIT @ VIJAY PRASAD Son of Ram Naresh Prasad @ Ram Naresh Pandit Resident of Mohalla - Fatehpur, P.S.- Siwan (Nagar), Distt - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Siwan Town P.S. Case No. 613 of 2018 instituted for the offence under Section(s) 30(a)/41(i) of Bihar Prohibition & Excise Act, 2018. It is alleged in the written report that on getting secret information police party reached at the place of occurrence and intercepted one Indigo GLX silver colour car going towards Fatehpur Bye-pass. Three persons were found sitting in the aforesaid vehicle, who ran away seeing the police party. The police recovered 672 bottles, each containing 180 ml. of foreign liquor from the aforesaid vehicle.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.25188 of 2019(2) dt.23-04-2019 2/2 there is no recovery from conscious possession of petitioner. He has been made accused in this case merely on suspicion. It is mentioned in para 3 of bail petition that one more case of Excise Act is pending against this petitioner. Petitioner is in custody since 27.03.2019.

Considering the aforesaid, let the petitioner, above named, 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 the learned Additional Sessions Judge-II cum Special Judge (Excise Act), Siwan in connection with Siwan Town P.S. Case No. 613 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.

The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T