Anant Kumar @ Anant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60937 of 2023 Arising Out of PS. Case No.-252 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== Anant Kumar @ Anant Yadav S/O Ramashish Yadav @ Shisho Yadav R/O Village- Basmatiya, P.S- Kiul, Dist.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== 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 the present case registered for the offence punishable under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 30 litres country made liquor from the motorcycle of 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. Because of his ownership and nine criminal antecedents, he has been implicated in the present case. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Another accused Nunulal Kumar has already been granted bail by lower court in

Patna High Court CR. MISC. No.60937 of 2023(2) dt.15-09-2023 2/2 B.P. No. 1897 of 2023. Petitioner is languishing in judicial custody since 15.7.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 5,000/- (Rs. Five thousand) in the concerned DLSA.

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 IV-cum-Exclusive Special Excise Court-I, Lakhisarai in Suryagarha PS Case No. 252 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5,000/- (Five thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U