Amit Pandey @ Ajit Pandey @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85875 of 2023 Arising Out of PS. Case No.-404 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Amit Pandey @ Ajit Pandey @ Sanjay Kumar S/O Late Lolarakh Pandey R/O Village- Ghosaban, P.S- Jalalpur, Distt.- Jonpur (U.P). ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prakash Mahto For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
There is recovery of 503.12 litres of illicit Indian made foreign liquor from a Saltos car and petitioner was arrested from the spot.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The
Patna High Court CR. MISC. No.85875 of 2023(2) dt.15-01-2024 2/2 petitioner has no concern either with the seized vehicle or the illicit liquor. The petitioner is languishing in custody since 08.11.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise-I, Gopalganj in connection with Phulwariya P.S. Case No. 404 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T