Patna High CourtCR. MISC./65807/2023allowed

Sudhir Pandey v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65807 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== SUDHIR PANDEY Son of Jagdev Pandey Resident of Village-Lakshmipur (Kanuahi), P.S.-Pandaul, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 143.325 litres of illicit IMFL from the asbestos house of co-accused Shayam Pandey and two accused persons including the petitioner managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the

Patna High Court CR. MISC. No.65807 of 2023(2) dt.17-10-2023 2/2 local person. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 7.8.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessiosn Judge 2nd cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 164 of 2023.

(Sunil Kumar Panwar, J) sushma/- U