Panda Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34004 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- KOPA District- Saran ====================================================== Panda Nut S/o Late Punyadev Nut R/O Village-Ghoghwaliya, P.S-Kopa, Dist.-Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-05-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. A prayer for bail has been made on behalf of the petitioner in connection with Kopa P.S. Case no.63 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, a secret information having been received that the petitioner is involved in the sale of liquor, a raid was conducted and 5 liters of mahua liquor was recovered near the house of petitioner where he threw plastic gallon and flee away.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There was no independent witness to the seizure list and no recovery has been
Patna High Court CR. MISC. No.34004 of 2025(2) dt.28-05-2025 2/3 made from the physical or conscious possession of the petitioner or from his house. The alleged place is an open space which is accessible to everyone. The petitioner has two criminal antecedents, however he is on bail in the said cases. Petitioner is in custody since 31.03.2025 and undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Taking into consideration the above mentioned facts of the case, the petitioner is directed to be enlarged on bail in connection with Kopa P.S. Case no.63 of 2024 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 3rd Exclusive Special Excise Court, Saran at Chapra on the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer of the present case on an interval of every 15 days till the submission of the charge-sheet.
(III) The learned Court below would however, verify
Patna High Court CR. MISC. No.34004 of 2025(2) dt.28-05-2025 3/3 the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) Harsh/- U T