Saina Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57786 of 2023 Arising Out of PS. Case No.-766 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Nalanda ====================================================== Saina Prasad Son Of Raja Ram Prasad Resident Of Village- Pachasapar, PsChiksaura, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== 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 30(a), 32 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 277 liters illegal foreign liquor from the Godam of paper plate factory and on Truck bearing Reg. No. DLILW4853. The driver of the said Truck and three other persons were arrested on the spot and driver disclosed his name Saina Prasad (petitioner). Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is the driver of the said truck and he has

Patna High Court CR. MISC. No.57786 of 2023(2) dt.01-09-2023 2/2 falsely been implicated in the present case. He no concern with the alleged recovery. No any incriminating article has been recovered from his conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 27.07.2023.

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 4th Additional Sessions Judge-cum-Special Judge Excise-II, Nalanda at Biharsharif in connection with Excise P.S. Case No. 766 of 2023.

(Sunil Kumar Panwar, J) lata/- U T