Kare Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55222 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- BAUNSI District- Banka ====================================================== Kare Kumar S/O Ratan Lal Mandal R/O Village- Chakrami, P.S- Bihpur (Bhawanipur), Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== 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 691.2 litres of illicit IMFL from a pickup van bearing Reg. No. BR10GC0987 of which petitioner was driver and he was arrested on spot.

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 or with the vehicle in question. Owner of the vehicle also named in the FIR as an accused.

Patna High Court CR. MISC. No.55222 of 2023(2) dt.29-08-2023 2/2 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 15.5.2023. 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 Addl. District and Sessions Judge II, Banka in connection with Bounsi P.S. Case No. 136 of 2023.

(Sunil Kumar Panwar, J) lata/- U