Amit Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45306 of 2021 Arising Out of PS. Case No.-138 Year-2021 Thana- JALALPUR District- Saran ====================================================== AMIT KUMAR PANDIT S/o Sri Tribhuwan Pandit R/o Village - Bishunpura, P.S. - Jalalpur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 23.06.2021, seeks regular bail in connection with Jalalpur P.S. Case No. 138 of 2021, for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that altogether 351 litres of Indian Made Foreign Liquor was recovered from the house of the petitioner and petitioner was apprehended on the spot. Accordingly, seizure-list was prepared in presence of two independent witnesses.

Patna High Court CR. MISC. No.45306 of 2021(2) dt.12-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the alleged liquor has been seized from the house of Satrohan Pandit, uncle of petitioner, the petitioner used to reside in another house. He further submits that petitioner has been roped in the present case due to dirty village politics from Jalapur P.S. Case No. 102 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in which he has already been enlarged on bail. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. One Lakh with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Saran in connection with Jalalpur P.S. Case No. 138 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.45306 of 2021(2) dt.12-01-2022 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T