Jogendra Pandit @ Jogindra Pandit @ Bhutal Pandit @ Bhutel… — Anticipatory Bail | Patna HC (2025)

Jogendra Pandit @ Jogindra Pandit @ Bhutal Pandit @ Bhutel… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released, upon arrest or surrender before the learned court below within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court-II, Muzaffarpur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Fakuli P.S. Case no.37 of 2024 registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Court's answer

In the event of the petitioner's arrest or surrender before the learned court below within a period of four weeks, he is to be released on anticipatory bail in connection with Fakuli P.S. Case no.37 of 2024 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court-II, Muzaffarpur, subject to the condition under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023.

Ratio / Principle

The grant of anticipatory bail rests on the court's consideration that the alleged recovery was made from the petitioner's house, which is a joint family property, and that the petitioner has no criminal antecedent.

Detailed headnote1 paragraphs

Anticipatory bail granted — Bihar Prohibition and Excise Act, 2016, Ss. 30(a) and 41(1) — prosecution case of recovery of 203.97 liters of foreign liquor from petitioner's house; petitioner pleaded false implication, that the house is joint family property with no conscious possession/knowledge of the liquor, absence of independent witness on the seizure list (alleged violation of B.N.N.S. provisions) and no criminal antecedent — Patna High Court (Soni Shrivastava, J), considering that the alleged recovery was made from the petitioner's house which is a joint family property and that the petitioner has no criminal antecedent, directed release on anticipatory bail in Fakuli P.S. Case no.37 of 2024 (Muzaffarpur) upon arrest or surrender within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Excise Court-II, Muzaffarpur, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S, 2023 conditions — Crl. Misc. No.75382 of 2024, decided 11-04-2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75382 of 2024

Arising Out of PS. Case No.-37 Year-2024 Thana- Fakuli District- Muzaffarpur

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Jogendra Pandit @ Jogindra Pandit @ Bhutal Pandit @ Bhutel Pandit @ Butel Pandit @ Yogendra Pandit Son of Ramgulam Pandit Resident of Village - Bhagwanpur, P.S.- Phakuli, District - Muzaffarpur.

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok, Advocate For the Opposite Party/s : Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

5 11-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Fakuli P.S. Case no.37 of 2024 registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 203.97 liters of foreign liquor was recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery has been made from the conscious possession of the petitioner and the recovery has been shown from his house which is a joint family property and the petitioner has no knowledge as to whom the concerned liquor belongs. Learned counsel for the petitioner

Patna High Court CR. MISC. No.75382 of 2024(5) dt.11-04-2025 2/2

further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.N.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

The application for anticipatory bail is opposed by learned A.P.P. for the State.

Considering the fact that the alleged recovery has made from the house of the petitioner which is a joint family property and the petitioner has no criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Fakuli P.S. Case no.37 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II, Muzaffarpur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

Harsh/- U T

(Soni Shrivastava, J)