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Patna High CourtCR. MISC./60843/2023allowed

Randhir Yadav @ Randhit Yadav v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60843 of 2023 Arising Out of PS. Case No.-245 Year-2023 Thana- Excise P.S. District- Bhagalpur ====================================================== Randhir Yadav @ Randhit Yadav Son Of Jhori Yadav Resident Of Village Gerabari Naya Tola Jurabganj, Ps- Gerabadi, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anup Kumar Pandey For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 two litres wine from a motorcycle and petitioner 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. 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 21.07.2023.

Learned APP appearing for the State has opposed the

Patna High Court CR. MISC. No.60843 of 2023(2) dt.15-09-2023 2/2 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 IX-cum-Exclusive Special Excise Judge-I, Bhagalpur in connection with Excise (Kahalgaon) PS Case No. 245 of 2023.

(Sunil Kumar Panwar, J) sushma/- U