Banka Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79839 of 2018 Arising Out of PS. Case No.-466 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Banka Pandey, Son of Shiv Shankar Pandey, Resident of Village - Kudra, Post+P.S. Kudra, District Kaimur (Bhabhua) .

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kiran Kumari Sharma, Advocate For the Opposite Party/s :

Smt. Pushpa Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kudra P.S. Case No. 466 of 2018 dated 25.10.2018 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

There is a recovery of 3.77 litres of liquor from a house which is under construction but belonging to the petitioner.

Learned counsel for the petitioner has submitted that the petitioner has got one dwelling house whereas the other house from where the recovery has been made is still under construction without any boundary wall. The possibility of such building having

Patna High Court Cr.Misc. No.79839 of 2018(2) dt.16-01-2019 2/2 been used by some unscrupulous person cannot be ruled out.

Apart from this, the petitioner does not have any criminal antecedents.

For the aforestated facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI, Kaimur at Bhabhua in connection with Kudra P.S. Case No. 466 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T