Patna High CourtCR. MISC./79388/2019bail granted

Dayashankar Pandey v. The State Of Bihar

2020-03-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79388 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- BAGENGOLA District- Buxar ====================================================== Dayashankar Pandey Son of Satya Narayan Pandey Resident of VillageBhada, P.S.- Bagengola, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-03-2020 The petitioner, who is in custody since 24.09.2019, seeks bail in connection with Bagengola P.S. Case No. 52 of 2019 (CIS Excise - 837/2019). (Excise GR - 734/2019) dated 17.08.2019 instituted for the offence under Section 30(a) and 41 (1) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Approximately 4600 litres of liquor is said to have been recovered from the joint house of one Umashankar Pandey and the petitioner.

The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case only because he happens to be the younger brother of Umashankar Pandey in whose share the family property viz. the house from where recovery has been made has fallen. The petitioner has made a

Patna High Court CR. MISC. No.79388 of 2019(3) dt.19-03-2020 2/2 separate house in his village and is residing there. In support of the aforesaid contention, the learned counsel for the petitioner has submitted that when raid was conducted in the house of the brother of the petitioner, viz. Umashankar Pandey, no family member was present there.

Regard being had to the aforestated facts as also that the petitioner has not been made accused in a case of similar nature in the past and his period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge - 2nd - cum - Special Judge (Excise), Buxar in connection with Bagengola P.S. Case No. 52 of 2019 (CIS Excise - 837/2019). (Excise GR - 734/2019). (Ashutosh Kumar, J) krishna/- U T