Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43527 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Sandeep Kumar Son Of Late Ramanand Chaudhary @ Ramchandra Chaudhary Village- Shekhauna Math Ps- Bettiah Muffasil Dist- W. Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 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) of the Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 49.200 liters English wine from a motorcycle bearing Reg. No. BR22U-1632, and the petitioner was also apprehended on the spot.

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.43527 of 2023(2) dt.21-07-2023 2/3 concern with the alleged recovery nor vehicle in question belongs to him. He has got no criminal antecedent. It is further submitted that the seizure list has not been prepared as per provision of Section 100 of the Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 02.04.2023.

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 after framing of charge, if charge has not been framed as yet. The above named petitioner is directed to be released on bail in connection with Bettiah Muffasil P.S. Case No. 214 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 Exclusive Special Judge, Excise Bettiah, District West Champaran. (Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.43527 of 2023(2) dt.21-07-2023 3/3