Atal Bihari Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46551 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- SONHAN District- Kaimur (Bhabua) ====================================================== 1.

Atal Bihari Pandey S/O Devendra Pandey R/O Village-Kadnai, P.S.- Bikramganj, Dist.- Rohtas (Sasaram).

2.

Jai Vikash @ Jaybikash S/O Birendra Choudhary R/O Village- Ghosiya Khurd, P.S- Bikramganj, Dist.- Rohtas at Sasaram. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Devendra Kr. Sinha, Sr. Advocate Mr. Alexander Ashok, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sonhan P.S. Case No. 80 of 2025, dated 16.05.2025 registered for the offences punishable under Sections 317(4), 338, 336(3) and 340(2) of the BNS and under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1665 litres of illicit liquor (foreign liquor + country made liquor) was recovered from the Bolero vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated

Patna High Court CR. MISC. No.46551 of 2025(2) dt.16-07-2025 2/2 in this case merely on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioners. They are not the owner of the vehicle in question. Petitioners have no concern with the alleged recovery. The petitioner no. 1 has got two criminal antecedents and petitioner no. 2 has got one criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioners are in custody since 12.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners, abovenamed, are directed to be enlarged on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-I, Kaimur at Bhabhua, in connection with Sonhan P.S. Case No. 80 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T