Anmol Pandey @ Heeru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39483 of 2021 Arising Out of PS. Case No.-250 Year-2020 Thana- CHACKMEHSI District- Samastipur ====================================================== ANMOL PANDEY @ HEERU SON OF HIRA PANDEY @ HARINANADAN PANDEY @ HARI PANDEY R/o village- Kudhwa, P.S.- Chakmehsi, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Hussamuddin Azad, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273 and 34 of the Indian Penal Code and sections 30(a) and 40 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received that the accused Bhola Rai had hidden liquor behind the house of this petitioner, on search being conducted about 558 litres of liquor was recovered.

It is submitted by learned counsel for the petitioner that neither any incriminating article has been recovered from the petitioner's possession nor is there any allegation to the effect that the petitioner was linked to the liquor seized. He is in custody since

Patna High Court CR. MISC. No.39483 of 2021(2) dt.18-01-2022 2/2 10.3.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

It is further submitted by learned counsel for the petitioner that although the name of the petitioner has been correctly spelt in the order of the learned court below, the vakalatnama as also on top of page no. 1 of the petition as "Anmol Pandey", a typographical error has occurred while giving the details of the parties wherein the name of the petitioner has wrongly been spelt as "Anmil Pandey". Let the name of the petitioner at all places be read as "Anmol Pandey @ Heeru".

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Chakmehsi P.S. Case no. 250 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II - cum - Special Judge, Excise, Samastipur.

(Partha Sarthy, J) Spd/- U T