Sudhakar Pandey @ Nanhak Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85120 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- NAUTAN District- Siwan ====================================================== Sudhakar Pandey @ Nanhak Pandey Son of Babu Lal Pandey, Resident of Village - Pandey Tola, Pachlakhi, P.S.- Nautan, Distt - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Nautan P.S. Case No. 128 of 2019 for the offence punishable under Sections 30(a), 41(1) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of5.600 liters of illicit liquor from the open field of the petitioner. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that apparently the illicit liquor has not been recovered from the land/ plot of the petitioner, hence the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted in the present

Patna High Court CR. MISC. No.85120 of 2019(2) dt.22-01-2020 2/2 case.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, coupled with the fact that prima facie upon a bare perusal of the F.I.R., no case is made out under the provisions of the Bihar Prohibition and Excise Act, 2016 as far as consideration of the present bail petition is concerned, I deem fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Siwan, in connection with Nautan P.S. Case No. 128 of 2019 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T