Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3654 of 2023 Arising Out of PS. Case No.-612 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== GOVIND KUMAR Son of Surendra Ray Resident of Village - Kajichak, P.S.- Koilwar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in connection with a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise, 2018. Prosecution case relates to recovery of 30 litres mahua liquor from Hero Passion Pro Motorcycle which was being driven by this petitioner and he was apprehended on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicle in question. Petitioner is a man of clean antecedent. Provision of Section 100 CR.P.C. has not been followed by the police

Patna High Court CR. MISC. No.3654 of 2023(3) dt.01-05-2023 2/2 officials while preparing the seizure list. Petitioner is languishing in judicial custody since 27.09.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 5,000/- (Rs. Five thousand) in the concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Bhojpur Ara in connection with Koilwar P.S. Case No. 612 of 2022.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5,000/- (Five thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U