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Patna High CourtCR. MISC./3930/2023allowed

Sadanand Kumar Ranjan @ Sadanand Kumar v. The State Of Bihar

2023-04-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3930 of 2023 Arising Out of PS. Case No.-554 Year-2022 Thana- HISUWA District- Nawada ====================================================== Sadanand Kumar Ranjan @ Sadanand Kumar Son Of Late Kailash Prasad @ Kailash Agarwal Resident Of Village - Wazirganj Bazar, P.S.- Wazirganj, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Hisua P.S. Case no. 554 of 2022 instituted for the offence under Sections 30(a)/41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 250 liters country made liquor from petitioner's vehicle bearing Reg. No. BR02S-5013. Thereafter this case has been lodged. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery

Patna High Court CR. MISC. No.3930 of 2023(2) dt.04-04-2023 2/3 or with the place of occurrence rather vehicle in question belongs to him. No any incriminating article has been recovered from his possession rather it is recovered from another vehicle. It is further submitted that the seizure list has not been prepared according to the Section 100 of the Cr.P.C. The petitioner is languishing in judicial custody since 24.09.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner arrested on the spot with the said vehicle where the recovery has been made.

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hisua P.S. Case No. 554 of 2022 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 Judge-Ist, Nawada.

The bail bonds of the petitioner shall be accepted by

Patna High Court CR. MISC. No.3930 of 2023(2) dt.04-04-2023 3/3 the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Manish/- U T