Shashi Bhushan Pandey @ Pappu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40233 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- PANCHRUKHI District- Siwan ====================================================== Shashi Bhushan Pandey @ Pappu Pandey SON OF KAMAL KISHOR PANDEY VILLAGE- PACHRUKHI TOLA MATHIYA, PS- PANCHRUKHI, DIST- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Panchrukhi P.S. Case No.142 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 5.76 liters of liquor from a shop in front of Panchrukkhi Durga Temple.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.40233 of 2024(2) dt.02-07-2024 2/3 from the spot as such nothing was recovered from his conscious possession and is not the owner of the shop and he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also submitted that alleged recovery is from a place which does not belong to the petitioner.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan in connection with Panchrukhi P.S. Case No.142 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is further made clear that the learned trial court shall also verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases, then also the present anticipatory bail order

Patna High Court CR. MISC. No.40233 of 2024(2) dt.02-07-2024 3/3 shall not be given effect to.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T