Patna High CourtCR. MISC./17900/2023allowed

Parshuram Chaudhary @ Prashu Ram Chaudhary v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17900 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Parshuram Chaudhary @ Prashu Ram Chaudhary S/O- Late Shiv Shankar Choudhary Resident Of Village Jakhara Ward No. 13 , Police Station Kalyanpur, District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 sections 30(a) Bihar Prohibition and Excise Act.

As per FIR, the prosecution case relates to recovery of total 14.500 liters Indian Made Foreign Liquor from the shop of the petitioner after that this case has been lodged.

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

Patna High Court CR. MISC. No.17900 of 2023(2) dt.12-05-2023 2/2 concern with the alleged recovery nor any incriminating article has been recovered from his physical possession. It is further submitted that the seizure list has not been prepared as per provision of 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 58 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 Special Judge Excise-02, Samastipur, District Samastipur.

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