Pradeep Kumar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63682 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- SANHAULA District- Bhagalpur ====================================================== PRADEEP KUMAR SHAH SON OF DIGAMBAR SHAH RESIDENT OF VILLAGE - KASTURIA, P.S. - PATHARGAMA, DISTRICT - GODDA (JHARKHAND) ... ... 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.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed for the offence under Section 414 IPC and Section 30(a) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 21.960 litres of country made liquor from stolen 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. Due to high handedness of the police, his name has falsely ben dragged in the present case. Provision of Section 100 CR.P.C. has not been

Patna High Court CR. MISC. No.63682 of 2023(2) dt.11-10-2023 2/2 followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 26.7.2023. 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 in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to enlarge on bail in connection with Sanhaula P.S. Case no. 118 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge II, Bhagalpur. 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