Nagendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55743 of 2025 Arising Out of PS. Case No.-1030 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== Nagendra Pandit S/o Late Dwarika Pandit R/o Village- Kashmir, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Jamui P.S. Case No. 1030 of 2024, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 140.250 litre foreign liquor from a Mahindra Xylo Car bearing Registration No. DL 2CQ 4344, which was driven by co-accused Vinod Pandey.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is neither driver nor owner of the said vehicle. In fact, petitioner had bought the seized vehicle from one Minakshi Kumari but due to need of money he sold the vehicle to Vinod Kumar Pandey. Since the said Vinod Kumar Pandey had not given

Patna High Court CR. MISC. No.55743 of 2025(2) dt.09-09-2025 2/2 the full consideration amount, registration was not transferred in his name. Petitioner has no concern with the seized liquor. Nothing incriminating has been recovered from the conscious possession of the petitioner. He had no knowledge about the misdeed conducted by co-accused Vinod Kumar Pandey, who was arrested from the spot. Petitioner was not present on the spot. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court-II, Jamui, in connection with Jamui P.S. Case No. 1030 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T