Patna High CourtCR. MISC./13726/2023allowed

Ashok Rajak v. The State Of Bihar

2023-05-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13726 of 2023 Arising Out of PS. Case No.-683 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ashok Rajak Son Of Shakaldeo Rajak R/V- Kirtaul Kumhar Tola, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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) Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 717 liters Indian Made Foreign Liquor which was recovered from an open place.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of the police. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.13726 of 2023(2) dt.05-05-2023 2/2 recovery nor from the place of occurrence. He has got no criminal antecedent. It is submitted that seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C.. It is further submitted that nothing incriminating article has been recovered from his conscious possession moreover he is languishing in judicial custody since 17.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Muffasil (Singhaul O.P.) P.S. Case No. 683 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-I, Begusarai.

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