Satendra Nath Pandey @ Satya Nand Pandey @ Sadanand Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65582 of 2022 Arising Out of PS. Case No.-332 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SATENDRA NATH PANDEY @ SATYA NAND PANDEY @ SADANAND PANDEY Son of Mahendra Pandey Resident of Village- Khudiya, P.S.- Sasaram(M), District- Rohtas at Sasaram (in FIR Address-vi-Faijalganj P.S.- Sasaram(m) Di-Rohtas) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 249.480 litres of liquor from a Brezza Car.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.65582 of 2022(2) dt.06-12-2022 2/2 recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on the confessional statement of Gurudev Kumar in police custody which does not have any evidentiary value in the eye of law. It is next submitted that petitioner is not the owner of the seized vehicle. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sasaram Mufassil P.S. Case No. 332 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T