Shiv Narayan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49211 of 2017 Arising Out of PS. Case No.-282 Year-2016 Thana- SUGAULI District- East Champaran ====================================================== Shiv Narayan Pandit , son of Udit Sahani, resident of Village- Gorigawa, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Umesh Chandra Verma, learned counsel for the petitioner and Sri Madan Kumar, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in Sugauli P.S. Case No. 282 of 2016 registered for the offence under Section 30(a), 30 (d) of the Bihar Prohibition and Excise Act, 2016 has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that on secret information the petitioner alongwith others was made accused as if petitioner was indulged in dealing with liquor and as such , search was conducted on the bank of a river from where recovery of four drums and pipes were shown and it was alleged as if petitioner and other accused persons were

Patna High Court Cr.Misc. No.49211 of 2017(2) dt.17-10-2017 2/2 indulged in preparation of illegal liquor. Learned counsel for the petitioner has also drawn my attention to an order dated 01.07.2017 passed in Cr. Misc. No. 24020 of 2017 (Annexure -'2') to the petition to show that at least two of the co-accused have already been granted privilege of anticipatory bail. Considering the fact that in similar circumstances at least two co-accused have bee extended the privilege of anticipatory bail, there is no reason to refuse the same privilege to the petitioner.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Shiv Narayan Pandit be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge / Special Judge, Motihari, East Champaran / concerned court in connection with Sugauli P.S. Case No. 282 of 2016 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 . (Rakesh Kumar, J) praful/- U T