Arbind Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30096 of 2020 Arising Out of PS. Case No.-119 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== ARBIND PANDIT S/o Late Bajrangi Pandit R/o Vill.-L.I.C. Colony, Laluchak, Angari, P.S.-Lodipur, Distt.-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2020 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Lodipur PS Case No. 119/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

3. The allegation, as per First Information Report, is that total quantity of 98.4 litres of illicit liquor has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with ulterior motive. Learned counsel further submits that the procedure of search and seizure under Section 100 CrPC has not been

Patna High Court CR. MISC. No.30096 of 2020(2) dt.25-11-2020 2/2 followed at the time of recovery of illicit liquor from the house of the petitioner.

5. Learned counsel for the petitioner further submits that the petitioner has got no criminal antecedent and is in custody since 24.06.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner has got no criminal antecedent and is in custody since 24.06.2020, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, ARBIND PANDIT 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 District & Sessions Judge-IIcum-Special Judge, Excise, Bhagalpur in connection with Lodipur PS Case No. 119/2020.

8. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T