Patna High CourtCR. MISC./62734/2023allowed

Pappu Choudhary v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62734 of 2023 Arising Out of PS. Case No.-390 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== PAPPU CHOUDHARY S/O LATE MITAN CHOUDHARY R/O VILLAGEMAHMADPUR, PS. MADHUSUDANPUR, DIST. BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 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 five litres of country made liquor from the house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Recovery has been made from joint house of the petitioner and 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 seizure list. He is languishing in judicial custody since 20.5.2023.

Patna High Court CR. MISC. No.62734 of 2023(2) dt.05-10-2023 2/2 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 Excise Judge 1st Bhagalpur in connection with Nathnagar (Madhusudanpur) PS Case No. 390 of 2023. (Sunil Kumar Panwar, J) sushma/- U