Patna High CourtCR. MISC./83029/2024bail granted

Gopal Pandey v. The State Of Bihar

2024-12-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83029 of 2024 Arising Out of PS. Case No.-116 Year-2024 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Gopal Pandey Son of Chandeshwar Pandey R/O -Sivai Singhpur, P. S. -Ashok Paper Mill, (A. P. M), District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 1188.750 litres of liquor from the house of Jitendra Sahni. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner and he came to be implicated based on confessional statement of Jitendra in police custody,

Patna High Court CR. MISC. No.83029 of 2024(2) dt.06-12-2024 2/2 which does not have any evidentiary value and is in custody since 12.09.2024.

4. Learned A.P.P. opposes the prayer for bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ashok Paper Mill (APM) P.S. Case No.116/2024.

(Satyavrat Verma, J) amit/- U T