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Patna High CourtCR. MISC./49608/2023allowed

Prince Victor v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49608 of 2023 Arising Out of PS. Case No.-327 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Prince Victor Son Of Ganga Paswan Resident Of Jimrahi Ward No 2 Sonapur PS Narpatganj District Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== 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 145.5 litres illicit liquor and he was apprehended on spot with his motorcycle. Two other accused persons managed to escape. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. The alleged recovered wine belongs to other two accused persons, who managed to escape living behind their two

Patna High Court CR. MISC. No.49608 of 2023(2) dt.11-08-2023 2/2 motorcycles. He is languishing in judicial custody since 13.6.2023.

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 Judge, Excise-I, Araria in connection with Narpatganj (Ghurna O.P.) P.S. Case No. 327 of 2023. (Sunil Kumar Panwar, J) lata/- U