Akhilesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56004 of 2022 Arising Out of PS. Case No.-667 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== AKHILESH PANDIT Son of Narayan Pandit Resident of Village - Belvarganj, P.S. Alamganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode. The petitioner seeks bail in connection with Alamganj P.S. Case No. 667 of 2022 registered for the offences punishable under Sections 30(a)/36 of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 110 liter country made mahua liquor from the place of occurrence. The petitioner is apprehended on spot.. Learned counsel for the petitioner submits that petitioner is in custody since 30.08.2022. Petitioner bears no criminal antecedent. Learned counsel further submits that nothing has been recovered from the conscious possession or personal possession of the petitioner. Petitioner has falsely been

Patna High Court CR. MISC. No.56004 of 2022(2) dt.21-10-2022 2/3 implicated in this case. Petitioner has no concern with the alleged recovery.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City, Patna in connection with Alamganj P.S. Case No. 667 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.56004 of 2022(2) dt.21-10-2022 3/3 move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T