Sikil Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61831 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== SIKIL PANDIT Son of Choudhary Pandit Resident of Village - Gopalpur, P.S. - Harlakhi, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha,Advocate For the Opposite Party/s :

Mrs. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Benipatti P.S. Case No. 110 of 2021 instituted for the offences under Sections 272, 273, 414/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.05.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 657 litre of liquor from the petitioner which was carried in a Bolero Jeep as detailed in the FIR.

Patna High Court CR. MISC. No.61831 of 2021(2) dt.28-01-2022 2/2 Learned counsel for the petitioner submits that petitioner is neither the owner nor the driver of the Bolero Jeep. He was merely a passenger who had taken lift from the driver of the Bolero Jeep who fled away seeing the police but the same has not been recorded in the FIR.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Benipatti P.S. Case No. 110 of 2021.

(Satyavrat Verma, J) Kundan/- U T