IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65167 of 2021

Arising Out of PS. Case No.-435 Year-2021 Thana- BUXAR District- Buxar

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Sanjay Pandey, Son of Late Raghunath Pandey, R/o Village - Charitrawan,

M.V. College Gate, Buxar, P.S. - Buxar Town, District - Buxar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Ashok Kumar Jha, Advocate

For the Opposite Party/s :

Mr.Anil Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE A. M. BADAR

ORAL ORDER

3

30-03-2022

The applicant is given out of turn hearing because of

his liver ailment which is not disputed by the other side.

The applicant is accused in Crime No. 435 of 2021

registered with Buxar (Town) Police Station for the offence

punishable under Section 30(a) of the Bihar Excise Act as well

as Sections 25(1-b)a and 26/35 of the Arms Act, by this

application is seeking his release on bail during course of the

trail.

Heard both sides.

The investigation of the subject crime is over.

It is case of the prosecution that from the house of

the applicant, 7 bottles each containing 375 ml Royal Stag

Whiskys, 13 bottles each containing 180 ml Officer Choice

apart from one country made pistol with two live cartridges

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came to be seized.

It is reported that the applicant is not having any

criminal antecedent. The investigation of the subject crime is

over. Hence I see no reason to refuse bail to the applicant.

Therefore, the order :-

i. The application is allowed.

ii. The applicant/accused in Crime No. 435 of

2021 registered with Buxar (Town) Police Station be released on

bail on executing P.R. bond of Rs.10,000/- (Rupees Ten

Thousand) on furnishing surety of the like amount to the

satisfaction of the trial court with the following conditions: -

(I) The applicant/accused should not extend any

threat, promise of inducement to the persons acquainted with the

facts of the accusation against him so as to dissuade him from

disclosing such facts to the Court or to any police officer.

(II) The applicant/accused should cooperate the

trail court in expeditious disposal of the trial against him.

(III) The applicant/accused should not contact

the members of the prosecuting party as well as witnesses in this

case in any manner till conclusion of the trial.

(IV) The applicant should not repeat

commission of similar offence in future and if he is found to be

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involved in commission of similar offence, the State is at liberty

to apply for cancellation of bail granted to the applicant in the

instant case.

The applicant to remove all office objections

forthwith and the Registry to issue the certified copy of this

order only after removal of office objections by the

appellant/accused.

Bhardwaj/-

(A. M. Badar, J)

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