Patna High Court – Orders
Lal Pandit @ Lal Mohan Pandit vs The State Of Bihar on 1 May, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24188 of 2025
Arising Out of PS. Case No.-241 Year-2023 Thana- GAIGHAT District- Muzaffarpur
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Lal Pandit @ Lal Mohan Pandit, Son of Jay Lal Pandit @ Jarilal Pandit
Resident of Village- Umarchak Tola, Khajubara, P.S.- Jale, District-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Raju Kumar, Adv.
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 01-05-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Gaighat P.S. Case No. 241 of 2023 registered for the
offences punishable under Sections 272, 273, 420, 468, 471 and
120B/34 of the Indian Penal Code and Sections 30(a), 32, 36
and 41(i) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner and others is of
involved in trafficking of illicit wine; the police in course of
patrolling, on a secret information, intercepted a Truck bearing
registration no. RJ05GB-5121 and apprehended its driver. In
course of search, total 3753.00 lts. of Indian Made Foreign
Liquor was recovered.
Patna High Court CR. MISC. No.24188 of 2025(2) dt.01-05-2025
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4. Learned Advocate for the petitioner referring to the
FIR contended that the name of the petitioner has surfaced on
the basis of call details of the driver. Save and except the call
details, there is no material suggesting complicity of the
petitioner in crime. The petitioner has neither any concern with
the truck in question nor with the illicit wine, which is said to
have been recovered from the truck in question. The petitioner
bears fair antecedent and during the course of investigation, no
material has collected against him and, as such, in view of the
decision of the Full Bench of this Court in the case of Ram
Vinay Yadav v. The State of Bihar [2019(2) P.L.J.R. 1089],
there is no ingredient which attracts the provision under Section
76(2) of the Bihar Prohibition and Excise Act, 2016 (for short
‘the Act, 2016’).
5. On the other hand, learned Advocate for the State
opposed the bail application and submitted that a huge quantity
of illicit Indian Made Foreign Liquor was recovered and the
name of the petitioner has surfaced during the course of
interrogation.
6. Regard being had to the submissions made on
behalf of the parties and considering the fact that save and
except the call details, there is no material suggesting complicity
Patna High Court CR. MISC. No.24188 of 2025(2) dt.01-05-2025
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of the petitioner in crime; moreover, the petitioner bears fair
antecedent and there is no material available on record, which
attracts the provision under Section 76(2) of the Act, 2016, let
the above named petitioner, be released on bail, in the event of
his arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court-3, Muzaffarpur in connection with Gaighat P.S. Case No.
241 of 2023, subject to the condition as laid down under Section
438(2) of the Cr.P.C, with further condition that one of the
bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J)
rohit/-
U T
