Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8734 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- AMBA District- Aurangabad ====================================================== 1.

SACHIN KUMAR Son of Ramchandra R/v- Khanwali Ravalamandi, P.S.- Ravalamandi, District- Ganganagar, Rajasthan 2.

BIKRAM SINGH Son of Ramchandra Singh R/o 5E87, P.S.- Kudi, DistrictJodhpur, Rajasthan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, on receiving secret information that on two cars liquor is being transported thereafter, the police party started checking the vehicle and on

Patna High Court CR. MISC. No.8734 of 2023(3) dt.04-05-2023 2/3 search, there has been recovery of 311.34 liters of illegal foreign liquor from a Swift Dezire car, Which was being driven by petitioner no. 1 and petitioner no. 2 was sat inside the car. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners have no concern either with the seized vehicle or with the liquor. The seized car, which Registration No. is JH05AN-4836 belongs to co-accused Dr. Sheo Prasad. The provision of Section 100 of the Cr.P.C., has not followed in this case, while preparing the seizure list. He submitted that the others co-accused have already been granted bail by a Co-ordinate Bench vide order dated 25.04.2023 passed in Cr. Misc. No. 75416 of 2022. They are languishing in judicial custody since 13.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.8734 of 2023(3) dt.04-05-2023 3/3 Special Excise Judge-I, Aurangabad in connection with Amba P.S. Case No. 247 of 2022.

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