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Patna High CourtCR. MISC./56759/2023allowed

Ramu Nauniya @ Ramu Nuniya v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56759 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- BARSOI District- Katihar ====================================================== Ramu Nauniya @ Ramu Nuniya Son Of Motiya Nauniya @ Matilal Nuniya Resident Of Village- Naya Tola Baltar, Ps- Barsoi, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 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 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 55 litres of illicit wine from bicycle of the petitioner 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. The alleged recovery is planted one by the police officials to make the case grievous. 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

Patna High Court CR. MISC. No.56759 of 2023(2) dt.05-09-2023 2/2 since 8.4.2023.

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 Additional District and Sessions Judge, Exclusive Special Excise Court No. 2, Katihar in connection with Barsoi PS Case No. 107 of 2023.

(Sunil Kumar Panwar, J) lata/- U