Amit Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14635 of 2022 Arising Out of PS. Case No.-512 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Amit Patel Son of Arbind Mahto @ Arbind Kumar Sinha Resident of Village - Kewai Bigha, Police Station - Noorsarai, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Rajouli P.S. Case No. 512 of 2021 lodged under Section 30(a) of the Bihar Prohbition and Excise Act, 2016.

As per the prosecution case, total recovery of 144 liter of foreign liquor is subject matter of the present case. Learned counsel for the petitioner submits that the said recovery was made from Bolero vehicle. He submits that petitioner is the driver of the vehicle and he is completely unaware about what was loaded in the vehicle. He further submits that petitioner is in custody since 14.10.2021 having

Patna High Court CR. MISC. No.14635 of 2022(3) dt.11-11-2022 2/2 clean antecedent. Charge sheet has already been filed in this case. He further submits in preparation of seizure list compliance of Section 100 of the Cr.P.C. has not been made and it is completely defective.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court-2, Nawada in connection with Rajouli P.S. Case No. 512 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T