Manoj Pandey @ Hanuman Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6254 of 2020 Arising Out of PS. Case No.-354 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== MANOJ PANDEY @ HANUMAN PANDEY S/o Badri Pandey R/o villageNimiya @ Gimiya, Post- Kasthari, P.S.- Durgawati, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Sharma For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

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

The petitioner seeks bail in Kudra P.S. Case No. 354 of 2019, registered for the offence punishable punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

134 Tetra Pack of 8PM each containing 180 ml of liquor are said to have been recovered from the dickey of Maruti Suzuki Car in which petitioner was also seated. It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from

Patna High Court CR. MISC. No.6254 of 2020(3) dt.19-10-2020 2/2 conscious possession of this petitioner. Petitioner has no concern with the seized wine. The provision of section 100 Cr.P.C has not been followed. Petitioner is in custody since 18.11.2019.

Considering the period of custody, the petitioner above-named, 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, Kaimur at Bhabua in connection with Kudra P.S. Case No. 354 of 2019 subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T