Mahesh Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67224 of 2022 Arising Out of PS. Case No.-164 Year-2022 Thana- PRATAPGANJ District- Supaul ====================================================== MAHESH KUMAR PANDIT S/O Fulchandra Pandit @ Phulchand Pandit R/O Village- Koshipur, Ward No-7, P.S- Fulkaha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Pratapganj P.S. Case No. 164 of 2022, for the offence registered under Section 30(a) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 162 litres of illicit Nepali wine from a Santro Car in which the petitioner was also found sitting alongwith other two accused persons.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he

Patna High Court CR. MISC. No.67224 of 2022(2) dt.08-02-2023 2/3 is languishing in custody since 03.09.2022. The learned counsel for the petitioner has further submitted, by referring to paragraph no. 8 of the present petition, that neither the petitioner is driver of the vehicle in question nor he is the owner of the same, hence he is not having any complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has categorically stated in the present petition that he is neither the owner nor the driver of the car in question, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

Patna High Court CR. MISC. No.67224 of 2022(2) dt.08-02-2023 3/3 sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-II, Supaul in connection with Pratapganj P.S. Case No. 164 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T