Patna High CourtCR. MISC./51927/2023allowed

Saurabh Kumar v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51927 of 2023 Arising Out of PS. Case No.-350 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== Saurabh Kumar Son Of Raj Kumar Verma Resident Of Village- New Godown Pahsi Ps- Kotwali Gaya, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 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 prosecution case, the petitioner was apprehended on the spot and from his possession total 12.625 liters beer was recovered.

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 concern with the alleged recovery and Section 100 of the Cr.P.C., has not been followed while preparing the seizure

Patna High Court CR. MISC. No.51927 of 2023(2) dt.25-08-2023 2/2 list. It is further submitted that the petitioner is languishing in judicial custody since 26.05.2023.

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 Kotwali P.S. Case No. 350 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 Excise Court-I, Gaya.

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