Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56383 of 2022 Arising Out of PS. Case No.-592 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Kumar Gaurav S/o- Late Kamla Prasad Srivastava, Resident of MuhallaRauza Road Sasaram, P.S.- Sasaram, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Sasaram Town (Darigaun) P.S. Case No. 592 of 2022, lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the prosecution case, total recovery of 80 liter of country-made liquor is the subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that as per prosecution total recovery of 5 liter of country-made liquor is the subject matter relating to the present

Patna High Court CR. MISC. No.56383 of 2022(2) dt.25-11-2022 2/2 petitioner. Learned counsel also submits that he was apprehended from the place of occurrence. He further submits that antecedent of the petitioner is clean and he is in custody since 17.07.2022. He also submits that there is gross violation of Section 100 of Cr.P.C. in preparation of seizure list. Learned A.P.P. for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.-2 -cumAdditional District and Sessions Judge, Rohtas at Sasaram in connection with Sasaram (Town) (Darigaon) P.S. Case No. 592 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T