Chanchal Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37778 of 2020 Arising Out of PS. Case No.-277 Year-2020 Thana- PATORI District- Samastipur ====================================================== Chanchal Kumar Pandey, aged about 35 years, Male, Son of Late Chandra Prakash Pandey, Resident of Village-Bande, P.S.-Patori, District - Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shanti Bhushan Singh, Advocate.

For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 272, 273 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 35.64 liters wine is said to have been recovered from the field situated in front of the house of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 15.08.2020. The petitioner has got no criminal antecedent. Charge sheet has been

Patna High Court CR. MISC. No.37778 of 2020(2) dt.05-02-2021 2/2 submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 35.64 liters wine is recovered from the field situated in front of the house of the petitioner. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cumSpecial Judge (Excise), Samastipur, in connection with Shahpur Patori P.S. Case No. 277/20.

(Sudhir Singh, J) U.K./- U T