Patna High CourtCR. MISC./54493/2023allowed

Dhanu Kumar v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54493 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- DUMRAO District- Buxar ====================================================== DHANU KUMAR son of Shri Bhagwan Yadav @ Bhagwan Singh VillageApkari Gali Ward no-14, Dumraon Ps- Dumraon Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Prasad Gupta For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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 3.920 litres of illicit liquor from Apachi motorcycle and petitioner and coaccused Prakash Gupta both were arrested on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The alleged vehicle does not belong to the petitioner. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 29.6.2023.

Patna High Court CR. MISC. No.54493 of 2023(2) dt.29-08-2023 2/2 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 Court of Special Judge, Excise Court No. 1, Buxar in connection with Dumraon P.S. Case No. 273 of 2023.

(Sunil Kumar Panwar, J) sushma/- U