Jogendra Pandit @ Jogindra Pandit @ Bhutal Pandit @ Bhutel Pandit @ Butel Pandit @ Yogendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75382 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- Fakuli District- Muzaffarpur ====================================================== Jogendra Pandit @ Jogindra Pandit @ Bhutal Pandit @ Bhutel Pandit @ Butel Pandit @ Yogendra Pandit Son of Ramgulam Pandit Resident of Village - Bhagwanpur, P.S.- Phakuli, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Fakuli P.S. Case no.37 of 2024 registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 203.97 liters of foreign liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery has been made from the conscious possession of the petitioner and the recovery has been shown from his house which is a joint family property and the petitioner has no knowledge as to whom the concerned liquor belongs. Learned counsel for the petitioner

Patna High Court CR. MISC. No.75382 of 2024(5) dt.11-04-2025 2/2 further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.N.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

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

6. Considering the fact that the alleged recovery has made from the house of the petitioner which is a joint family property and the petitioner has no criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Fakuli P.S. Case no.37 of 2024 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 Excise Court-II, Muzaffarpur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T