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Patna High CourtCR. MISC./55259/2023allowed

Shobhit Yadav v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55259 of 2023 Arising Out of PS. Case No.-254 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== 1.

Shobhit Yadav Son Of Fulchan Yadav Resident Of Village - Radhiyam, P.S. - Bahera, District - Darbhanga 2.

Shankar Kumar Yadav @ Shankar Yadav Son Of Veer Kumar Yadav Resident Of Village - Daing, P.S. - Bahadurpur, District - Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have 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 252 litres of IMFL from a car bearing registration no. DL9CT1519 and petitioner 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 no concern with the alleged recovery or with the vehicle in question. Provision of Section 100 CR.P.C. has not

Patna High Court CR. MISC. No.55259 of 2023(3) dt.14-09-2023 2/2 been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 10.6.2023. 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 (Excise Act)-II, Darbhanga in connection with Bahera P.S. Case No. 254 of 2023.

(Sunil Kumar Panwar, J) sushma/- U