Patna High CourtCR. MISC./64931/2023bail granted

Shyam Pandey @ Shyam Kumar Pandey v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64931 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== Shyam Pandey @ Shyam Kumar Pandey Son Of Late Ram Parikshan Pandey Resident Of Village-Lakshmipur (Kanuahi), P.S.-Pandaul, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Pandaul P.S. Case No. 164 of 2023, corresponding to G.R. No. 1161 of 2023 dated 26.07.2023 registered for the offences punishable u/ss 272 and 273 read with section 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 143.325 litres of foreign liquor was recovered from the house of the petitioner.

Patna High Court CR. MISC. No.64931 of 2023(2) dt.12-10-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.08.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Pandaul P.S. Case No. 164 of 2023, corresponding to G.R. No. 1161 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T