Sanni Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70102 of 2023 Arising Out of PS. Case No.-305 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== SANNI KUMAR PANDIT SON OF PYARCHAND PANDIT RESIDENT OF VILLAGE- BETAURA, PS- PANAPUR, DISTT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Rajesh Kumar, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Baikunthpur P.S. Case No. 305 of 2023 registered for the offence punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Allegation is of recovery of 18.720 litres of English wine from a jute bag found on the motorcycle.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and the motorcycle from which liquor was allegedly recovered belongs to other co-accused namely Jumadin Ansari. Petitioner is not involved in trade of liquor in any manner. Nothing incriminating

Patna High Court CR. MISC. No.70102 of 2023(2) dt.01-11-2023 2/2 was recovered from conscious physical possession of the petitioner. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II cum Special Judge Excise-I, Gopalganj in connection with Bikunthpur P.S. Case No. 305 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T