Manish Pandey @ Manish Panday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30404 of 2020 Arising Out of PS. Case No.-88 Year-2020 Thana- PATORI District- Samastipur ====================================================== MANISH PANDEY @ MANISH PANDAY, Son of Ram Naresh Pandey Resident of Village - Dharampur Bande, P.S. - Patori, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2020 Heard Mr. Shanti Bhushan Singh, learned counsel for the petitioner and Mr. B. N. Pandey, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Patori P. S. Case No. 88 of 2020 dated 23.03.2020, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears from the F.I.R. that there is recovery of liquor from behind the shop of the petitioner but from an open space.

Patna High Court CR. MISC. No.30404 of 2020(2) dt.18-12-2020 2/3 The learned counsel for the petitioner has submitted that he has litigation with his brother, namely, Om Prakash Pandey, who is again closely related to the informant of this case who is the SHO of Patori Police Station. It is only because of this that the petitioner has been made accused in this case. The recovery of the liquor is not from the conscious possession of the petitioner but from an open space which is accessible to all and sundry.

Though the petitioner has been made accused in a case of similar nature earlier but in the aforesaid case, he has been granted bail.

Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.30404 of 2020(2) dt.18-12-2020 3/3 the satisfaction of the learned Additional Sessions Judge 2nd cum Special Judge, (Excise Act), Samastipur, in connection with Patori P. S. Case No. 88 of 2020, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T