Shyam Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32192 of 2020 Arising Out of PS. Case No.-85 Year-2020 Thana- SINGHIYA District- Samastipur ====================================================== SHYAM PANDIT S/o Aghanu Pandit Resident of Village-Bharso, P.S.- Singhia, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 24.06.2020 in connection with Singhia P.S. Case No. 85 of 2020 for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 237 litres of foreign liquor from the house of the petitioner. It is submitted that the petitioner has already suffered more then six months in custody

Patna High Court CR. MISC. No.32192 of 2020(2) dt.04-01-2021 2/2 and the alleged recovery from his possession is denied.

4. Learned APP appears and has been heard. It is submitted that the petitioner is involved in three prior cases, one under Sections 272 and 273 of the Indian Penal Code and two under Bihar Prohibition and Excise Act.

5. Be that as it may and having regard to the period of custody already suffered since 24.06.2020, let the petitioner above named 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 Addl. Sessions Judge-II-cum Special Judge, Excise Samastipur in connection with Singhia P.S. Case No. 85 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T