Meena Sah @ Chitranjan Sah @ Chitranjan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62683 of 2023 Arising Out of PS. Case No.-724 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== BITTU KUMAR S/O SURENDRA YADAV RESIDENT OF VILLLAGEKHOPAITI, WARD NO. 12, P.S- MADHEPURA, DISTRICTMADHEPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 21 bottle each of 100 ml total 2.1 litres of cough syrup from a thatched house of the petitioner.

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. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the

Patna High Court CR. MISC. No.62683 of 2023(2) dt.22-09-2023 2/2 seizure list. The name of the petitioner has been disclosed in this case by the local villagers before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 26.7.2023.

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 Addl. District and Sessions Judge, V -cum-Special Judge Excise Act-I, Madhepura in connection with Madhepura P.S. Case No. 724 of 2023.

(Sunil Kumar Panwar, J) sushma/- U