Patna High Court
Santosh Pandey vs The State Of Bihar on 30 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 12541 of 2021
Arising Out of PS Case No.-437 Year-2019 Thana- BRAHAMPUR District- Buxar
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Santosh Pandey, aged about 31 years, Male, Son of Yamuna Pandey, Resident
of Village - Sapahi, PS - Brahampur, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Majoj Kumar with
Mr. Arvind Kumar Pradhan, Advocates
For the State : Mr. Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 30-06-2021
The matter has been heard via video conferencing.
2. Heard Mr. Manoj Kumar, learned counsel along with
Mr. Arvind Kumar Pradhan, learned counsel for the petitioner and
Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor
(hereinafter referred to as the 'APP') for the State.
3. The petitioner is in custody in connection with
Brahampur (Nainizore) PS case No. 437 of 2019 dated
04.10.2019, instituted under Sections 30(a) of the Bihar
Prohibition and Excise Act, 2016.
4. This is the second attempt for bail by the petitioner as
earlier such prayer was rejected by order dated 21.08.2020 passed
in Cr. Misc. No. 19193 of 2020.
5. The allegation against the petitioner is that he left his
motorcycle and ran away when the police chased him and he was
Patna High Court CR. MISC. No.12541 of 2021 dt.30-06-2021
caught and from a sack on the motorcycle, there was recovery of
108 bottles of illicit liquor.
6. Learned counsel for the petitioner submitted that he
has been falsely implicated due to village politics as neither the
motorcycle nor the seized liquor belongs to him and further, that
no independent witness has supported the prosecution story.
Learned counsel submitted that though he has antecedent of many
other cases, but in none of the same, there has been actual
recovery from his possession of any incriminating article. Learned
counsel submitted that the petitioner is in custody since
04.12.2019.
7. Learned APP submitted that the petitioner has
criminal antecedent and is accused in many cases of the same
nature and, thus, he is deeply into the business of illicit liquor.
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
25,000/- (twenty five thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge,
Excise, Buxar in Brahampur (Nainizore) PS Case No. 437 of 2019
subject to the conditions (i) that one of the bailors shall be a close
relative of the petitioner, (ii) that the petitioner and the bailors
Patna High Court CR. MISC. No.12541 of 2021 dt.30-06-2021
shall execute bond with regard to good behaviour of the petitioner,
and (iii) that the petitioner shall also give an undertaking to the
Court that he shall not indulge in any illegal/criminal activity, act
in violation of any law/statutory provisions, tamper with the
evidence or influence the witnesses. Any violation of the terms
and conditions of the bonds or the undertaking shall lead to
cancellation of his bail bonds. The petitioner shall cooperate in the
case and be present before the Court on each and every date.
Failure to cooperate or being absent on two consecutive dates,
shall also lead to cancellation of his bail bonds.
9. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioner, to
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
petitioner.
10. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
