Budhan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62094 of 2023 Arising Out of PS. Case No.-666 Year-2022 Thana- SAHPUR District- Patna ====================================================== Budhan Rai S/O Late Ram Babu Rai R/O Ganghara, P.S- Shahpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Binod Kumar ====================================================== 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 Section 30(a) and 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 80 liters of country made liquor from the Dalan of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on suspicion. He has no concern with the alleged recovery of liquor and the said Dalan comes under the joint family property. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Patna High Court CR. MISC. No.62094 of 2023(2) dt.15-09-2023 2/2 Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioner is languishing in judicial custody since 26.07.2023. 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 Special Excise Judge, Danapur (Patna) in connection with Special Excise Case No. 2400 of 2022 arising out of Shahpur P.S. Case No. 666 of 2022.

(Sunil Kumar Panwar, J) lata/- U T