Patna High CourtCR. MISC./59738/2023allowed

Biru Kumar @ Virendra Kumar Kushwaha v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59738 of 2023 Arising Out of PS. Case No.-375 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== BIRU KUMAR @ VIRENDRA KUMAR KUSHWAHA Son of Dinesh Mahto @ Dinesh Kumar Mahto R/o vill - Dilawarpur, Milkhichak Tola, P.S. - Bahadurpur, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 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 96 litres of nepali liquor kept in three plastic bags from the motorcycle, which was purchased (second hand) by 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. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question.

Patna High Court CR. MISC. No.59738 of 2023(2) dt.08-09-2023 2/2 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 since 25.7.2023. 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 Exclusive Special Judge-1, Darbhanga in connection with Bahadurpur PS Case No. 375 of 2023.

(Sunil Kumar Panwar, J) sushma/- U