Prince Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28478 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Prince Kumar Ram Son Of Shambhunath Ram Resident Of Village - Kusaundhi Tola Dudahi, P.S.- Mirganj, District - Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Raj, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2022 The matter has been heard via Video Conferencing. Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 130 liters country-made liquor from two motorcycles bearing Registration No. BR-29P0498 and BR-28F-0650 respectively. Learned counsel for the petitioner submits that the petitioner is innocent and he has no concern about the seized liquor and alleged motorcycles. It is submitted that mandatory

Patna High Court CR. MISC. No.28478 of 2022(2) dt.06-08-2022 2/2 provision of Sub-section 2 of Section 74 and Section 82 of the Bihar Prohibition and Excise Act with respect to search and seizure have not been followed. It is further submitted that the petitioner is in custody since 08.03.2022 and is a person with clean antecedent.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mirganj P.S. Case No. 82 of 2022.

(Khatim Reza, J) shanu/- U T