Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13590 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Rahul Kumar Son Of Fuleshwar Yadav R/V- Gohri, P.S- Kiul Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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.

The prosecution case relates to recovery of total one liter illegal country made liquor which was recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. It is further submitted that seizure list has not been prepared as per provision of

Patna High Court CR. MISC. No.13590 of 2023(2) dt.25-04-2023 2/2 u/s 100 of the Cr.P.C. moreover, the petitioner is languishing in judicial custody since 20.01.2023. 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 considering the meager quantity of alleged recovery of liquor, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lakhisarai Excise P.S. Case No. 60C2 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V-cumSpecial Judge IInd , Excise, Lakhisarai. (Sunil Kumar Panwar, J) Manish/- U T