Sona Lal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71552 of 2022 Arising Out of PS. Case No.-735 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Sona Lal Pandey S/O Umesh Pandey R/O Village- Haripur, P.S.- Koilwar, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Ms.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Barahara P.S. Case No. 735 of 2022 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Prosecution case relates to recovery of total 120 liters of country made liquor from the bag loaded on motorcycle which was being driven by the petitioner. Further, he did not produce any documentary proof in respect of seized motorcycle. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the petitioner has no concern either with the seized liquor or

Patna High Court CR. MISC. No.71552 of 2022(3) dt.04-04-2023 2/3 with the seized motorcycle. He has not involved in any type of illegal business of liquor. There is no independent witness of the seizure list. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 22.10.2022. The petitioner is directed to deposit a sum of Rs. 10,000/-(Rs. Ten Thousand) in the District Legal Services Authority of concerned District.

The application for bail is opposed by learned APP for the State and submitted that the petitioner was arrested by the police after chase with the alleged motorcycle. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barahara P.S. Case No. 735 of 2022 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 1st Exclusive Special Excise Court Bhojpur at Ara.

The bail bond of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs.

Patna High Court CR. MISC. No.71552 of 2022(3) dt.04-04-2023 3/3 10,000/- ( Rs. Ten Thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) shubham/- U T