Sunil Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66348 of 2023 Arising Out of PS. Case No.-292 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== SUNIL PANDEY son of Sidhnath Pandey village- Mishrawali Po- Baluan PsBrahampur Dist- Buxar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Shahpur (Karnamepur) P.S. Case no. 292 of 2018 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on secret information having been received, various raids were conducted and large amount of illicit liquor was recovered from different places as stated in the F.I.R. On further information having been gathered from different accused persons and the raids being conducted on the basis of the information gathered, more liquor was recovered. It is lastly submitted that co-accused Bipin Pandey and Sunil Yadav disclosed that three accused persons including this petitioner are involved in the sale of liquor. On search being conducted in the house of Dashai Yadav, 1000.845 litres of I.M.F.L. was recovered.

Patna High Court CR. MISC. No.66348 of 2023(2) dt.16-10-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedents. Even as per the F.I.R, the only material against him is that his name was taken by two other accused persons in their statement made before the police. No incriminating article has been recovered from the petitioner's possession or his house. He is in custody since 12.7.2023. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., no incriminating article having been recovered from the petitioner's possession and charge-sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Shahpur (Karnamepur) P.S. Case no. 292 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II, Bhojpur, Ara. (Partha Sarthy, J) ajay/- U T