Shailesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57137 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SHAILESH KUMAR PANDEY, aged about 22 years (M), Son of Harendra Pandey, Resident of Village - Hulas Chhapra, P.S.- Goreyakothi, Distt - Siwan.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mr.Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 207.307 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 20.07.2019. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 207.360 liters wine is

Patna High Court CR. MISC. No.57137 of 2019(2) dt.09-09-2019 2/2 recovered from the Bolero vehicle in question. The vehicle in question does not belong to the petitioner. He was passenger in the said vehicle. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj, in connection with Kuchaikot P.S. Case No. 209 of 2019.

(Sudhir Singh, J) U.K./- U T