Jelar Rai @ Jelar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59220 of 2023 Arising Out of PS. Case No.-497 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== JELAR RAI @ JELAR PRASAD YADAV Son of Sarayug Rai Resident of Village-Rauja Gheghta, P.S.-Chapra Mufassil, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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) and 32(3) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 684 litres of IMFL from an abandoned house of the petitioner and he was arrested from another house.

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 place of occurrence. The alleged place is abandoned and ancestral joint property. Provision of Section 100 CR.P.C. has

Patna High Court CR. MISC. No.59220 of 2023(2) dt.12-09-2023 2/2 not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 18.07.2023.

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 Additional District and Sessions Judge 2nd-cum-1st Exclusive Special judge, Excise, Saran at Chapra in connection with Saran Excise P.S. Case No. 497 of 2023.

(Sunil Kumar Panwar, J) lata/- U