Kaushal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57577 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- RAGHUNATHPUR District- Siwan ====================================================== Kaushal Pandey, Male, aged about 41 years, Son of Tarkeshwar Pandey, Resident of Village - Khap Dhanauti, P.O- Nawada, P.S- Raghunathpur, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Amended Act, 2022.

3. As per allegation in the FIR, total 945 liters of Mahua liquor was recovered from the different polythene.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner and no independent witness of seizure list and petitioner is in custody since 31.03.2024. Similarly situated co-accused persons namely Raja Ram Bind, Brajesh Chouhan

Patna High Court CR. MISC. No.57577 of 2024(2) dt.09-08-2024 2/2 @ Barjesh Chouhan and Uday Bind @ Uday Bin have been granted bail by this Court passed in Cr. Misc. Nos. 38233 of 2024 and 56653 of 2024 vide orders dated 23.05.2024 and 02.08.2024, respectively.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Raghunath P.S. Case No. 75 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Siwan.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T