Shivam Pandey @ Shivam Kumar Pandey v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.32252 of 2025, decided 21-05-2025 by Hon'ble Mr. Justice Arun Kumar Jha. Anticipatory bail granted to Shivam Pandey @ Shivam Kumar Pandey and Ankit Pandey @ Ankit Kumar Pandey in Maharajganj P.S. Case No. 512 of 2024 (District Siwan) under Section 30(a) of the Bihar Prohibition and Excise Act. Key grounds: no recovery from conscious possession of petitioners, clean antecedents, possibility of false implication; recovery of 14.76 litres India made foreign liquor was from a motorcycle, not from the petitioners. Bail bonds of Rs. 10,000/- each with two sureties, subject to Section 482(2) of the B.N.S.S. Keywords: anticipatory bail, excise case, IMFL recovery, motorcycle seizure, co-accused Deepak Pandey, Section 482(2) BNSS, Exclusive Special Excise Court-I Siwan.
What did the court decide?
Pre-arrest (anticipatory) bail allowed: petitioners to be released on bail upon arrest or surrender within eight weeks on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Siwan/concerned court, subject to Section 482(2) B.N.S.S. conditions, with one bailor to be a close relative and attendance on each date fixed by the trial court if required.