Hridaya Nand Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57638 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Hridaya Nand Pandey S/O Late Bachcha Pandey R/O Village-Jagatauli, P.S.- Bhore, District-Gopalganj.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

Prosecution's case, in brief, is that total 16 litres country made liquor have been recovered which was kept in the dickey of the motocrycle and its rider was arrested who disclosed name of the petitioner as owner of the said motorcycle .

Learned counsel for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. More so, the motorcycle in

Patna High Court CR. MISC. No.57638 of 2021(2) dt.24-06-2022 2/2 question had been stolen which information to the police had also been given vide Annexure - 2. Petitioner claims clean antecedent.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, 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 the Additional Sessions Judge VII cum Special Judge, Excise Act Aurangabad in Excise Case No. 59/2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T