Chandan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46196 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- SIMRI District- Buxar ====================================================== CHANDAN PANDEY Son of Sri Harendra Pandey Resident of VillageSimari (Bakulhapatti), P.S.- Siari, District- Buxar (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2022 A supplementary affidavit on behalf of the petitioner bringing on record a copy of the receipt of the cost deposited pursuant to the direction of this vide order dated 10.3.2022 passed by this Court. Let the same be kept on record. Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 92.155 litres of liquor was recovered from the accused persons and they were taken into custody. It is further stated that they disclosed that they purchased the liquor from three other named accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.46196 of 2021(5) dt.22-03-2022 2/2 that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The only material against him is the confessional statement of the coaccused made before the police. The cause of his false implication is his criminal antecedents. He is in custody since 17.4.2021 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations in the F.I.R together with the petitioner having remained in custody for 11 months, the Court directs the petitioner to be enlarged on bail in connection with Simari P.S. Case no. 21 of 2021 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 Additional District and Sessions Judge -II -cum- Special Judge, Excise, Buxar. (Partha Sarthy, J) Bibhash/- U