Pandav Kumar @ Pandav Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7829 of 2021 Arising Out of PS. Case No.-88 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== PANDAV KUMAR @ PANDAV PODDAR Son of Yugal Kishore Poddar Resident of Village - Amni, P.S. Mansi, District - Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shambhu Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-04-2021 Heard Mr. Ranjan Kumar, learned counsel for the petitioner and Mr. Shambhu Kumar Singh, learned APP for the State through video conferencing.

Petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No.88 of 2019 registered for the offence under Sections 272, 273 and 411 of the Indian Penal Code and Sections 30(a), 32/41 of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that the police intercepted a pick-up van and upon seeing the police party, the driver and other persons sitting therein, fled away and upon search recovered 808 liters and 200 ml of illicit liquor from the same along with driving licence, photo copy of registration certificate kept in the vehicle.

Patna High Court CR. MISC. No.7829 of 2021(2) dt.16-04-2021 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement made by the co-accused Vijay Kumar who happens to be the owner of the vehicle in question who disclosed before the police that he has sold the vehicle in favour of the petitioner. Learned counsel next submits that the petitioner is not the registered owner of the vehicle and the ownership of the same has not been transferred in favour of the petitioner by the erstwhile owner Vijay Kumar. Learned counsel next submits that the said co-accused Vijay Kumar has been granted privilege of bail by a coordinate Bench of this Court in Cr.Misc.No.34293 of 2020. Learned counsel next submits that the petitioner has got no criminal antecedent and he is in custody since 09.08.2020.

Having regard to the submissions made by the parties and material available on record and the fact that petitioner has got no criminal antecedent and he is not registered owner of the vehicle and the registered owner of the vehicle has been granted bail, I am inclined to grant bail to the petitioner. Accordingly, let the above named petitioner 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

Patna High Court CR. MISC. No.7829 of 2021(2) dt.16-04-2021 3/3 Additional Sessions Judge, Second-cum-Special Judge, Excise Act, Begusarai in connection with Sahebpur Kamal P.S.Case No.88 of 2019.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) Brajesh Kr./- U T