Shailender Pandey @ Shailendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52764 of 2018 Arising Out of PS.Case No. -421 Year- 2016 Thana -PATNA GRP CASE District- PATNA ====================================================== Shailender Pandey @ Shailendra Pandey, Son of Late Mahadeo Pandey, Resident of village - Sikaria, P.S.-Tiyar, District - Bhojpur at Ara, at present resident of Ward No. 28, Goriya Toli, Station Road, P.S. - Kotwali, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 10 litres of foreign liquor sent in the name of the petitioner is said to have been recovered from the parcel van of which Lalit Yadav happens to be the lessee and accused Slok Paswan arrived at the platform to receive the said parcel was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.52764 of 2018 (2) dt.27-08-2018 2/2 with the seized liquor. He has been falsely implicated in the case by the said Lalit Yadav by sending the forged parcel in his name with ulterior motive. He was not apprehended on the spot. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 23.07.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 817 of 2017 arising out of G.R.P., Patna P.S. Case No. 421 of 2016. (Prakash Chandra Jaiswal, J) Mishra/- U T