Raj Kumar Sah @ Chand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57783 of 2023 Arising Out of PS. Case No.-597 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Raj Kumar Sah @ Chand Son Of Late Surendra Prasad Gupta Resident Of Village- Jagiraha, Ps- Kesariya, Distt- East Champaran At Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 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 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 160.5 litres of IMFL from the hut of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious
Patna High Court CR. MISC. No.57783 of 2023(2) dt.01-09-2023 2/2 possession. He is languishing in judicial custody since 6.6.2023. 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 Special Judge Exclusive Excise Court No. 2, East Champaran at Motihari in connection with Kesariya PS Case No. 597 of 2022. (Sunil Kumar Panwar, J) lata/- U