Patna High Court/5912/2023allowed

Naga Rai v. The State Of Bihar

2023-04-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5912 of 2023 Arising Out of PS. Case No.-193 Year-2021 Thana- PIYAR District- Muzaffarpur ====================================================== Naga Rai Son Of Rajdeo Rai R/O Village- Kalyan Nagar, P.S.- Piar (Hattha O.P.), District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 180 liters illicit foreign liquor from a tempo bearing registration no. BR33M-7457 which is alleged to be driven by this petitioner. 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. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.5912 of 2023(2) dt.10-04-2023 2/2 vehicle in question. Nothing incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that seizure list has not been prepared according to provision of section 100 Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 16.12.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

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 released on bail in connection with Piar (Hattha O.P.) P.S. Case No. 193 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Court No.-II, Muzaffarpur.

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