Sanjay Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42303 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- BYPASS District- Patna ====================================================== Sanjay Pandit Son Of Late Sukhdeo Pandit Resident Of Ranipur Ganjpar, Police Station - Mehandiganj/Mehdiganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, on receiving secret informant that two-three persons hiding illegal liquor in bush on Dhoulalpura Bandh thereafter police party started checking and on search there has been recovery of total 135 liters of illegal Mahua liquor from the said place.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized

Patna High Court CR. MISC. No.42303 of 2023(2) dt.14-07-2023 2/2 liquor. No incriminating article has recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not followed in this case, while preparing the seizure list. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 10.04.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Bypass P.S. Case No. 180 of 2023.

(Sunil Kumar Panwar, J) arish/- U T