Patna High CourtCR. MISC./69437/2021bail granted

Harendra Pandey v. The State Of Bihar

2022-05-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69437 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- SIMRI District- Buxar ====================================================== HARENDRA PANDEY Son of Markandey Pandey Resident of Village- Simri (Bakulapatti), P.S.- Simri, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

Ms. Sanjana, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard Mr. Shashank Shekhar, learned counsel for the petitioner and Mr. Mohammed Arif, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Simri PS Case No. 21/2021 registered for the offence punishable under Sections 30(a)/41(1) of Bihar Liquor Prohibition & Excise Act 2016.

92.155 litres of illicit liquor has been recovered from the house of Sunil Pandey and his son, Ankit Kumar Pandey. Name of the petitioner has transpired on the basis of disclosure made by the arrested accused persons that they have purchased liquor from the petitioner and others.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69437 of 2021(2) dt.23-05-2022 2/3 petitioner has falsely been implicated in this case on the basis of disclosure of his name by the arrested accused persons from whose house illicit liquor has been recovered. He next submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him. Next submission is that other accused persons, from whose house recovery of illicit liquor was made, have been granted bail by a Bench of this Court vide Cr. Misc. No. 30949/2021. One another similarly situated co-accused, namely, Chandan Pandey has also been granted bail by a Bench of this Court vide Cr. Misc. No. 46196/2021. The petitioner is in custody since 14.09.2021 and the charge-sheet has been submitted.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court, the petitioner is in custody since 14.09.2021 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, HARENDRA PANDEY be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like

Patna High Court CR. MISC. No.69437 of 2021(2) dt.23-05-2022 3/3 amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Buxar in connection with Simri PS Case No. 21/2021.

(Anil Kumar Sinha, J) perwez U T