Dinesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51595 of 2023 Arising Out of PS. Case No.-444 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Dinesh Chaudhary Son Of Late Yogendra Choudhary Resident Of VillageHulas , Po- Hulas, Ps- Raghopur, Distt- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 99.75 litres of illicit from abandoned land "Kharhor".
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got
Patna High Court CR. MISC. No.51595 of 2023(2) dt.11-08-2023 2/2 no evidentiary value in the eye of law. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 19.5.2023 passed in Cr. Misc. No. 31091 of 2023. He is languishing in judicial custody since 22.5.2023.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court II-cum-Additional District and Sessions Judge V Supaul in connection with Raghopur P.S. Case No. 444 of 2022.
(Sunil Kumar Panwar, J) sushma/- U