Dablu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64077 of 2023 Arising Out of PS. Case No.-341 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Dablu Kumar Singh Son Of Late Chandrika Prasad Singh Resident Of Village - Rajni Dayudhi Tolla Ward No.09, Police Station - Murliganj, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== 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 petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a), 32(ii) (iii), 41(i) (ii) of the Bihar Prohibition and Excise Amendment Act. Prosecution case relates to recovery of total 691.200 liters of foreign liquor from the Chaff house of the petitioner situated near the pond.

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 on the basis of suspicion. He has no concern with the alleged recovery of liquor. He is not exclusive owner of the alleged house rather the

Patna High Court CR. MISC. No.64077 of 2023(2) dt.11-10-2023 2/2 house which is situated near the pond is joint family property. No any incriminating article has been recovered from his conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 20.08.2023. 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 Additional District and Sessions Judge-V-cum-Special Judge, Excise Act 1st, Madhepura in connection with Murliganj P.S. Case No. 341 of 2023.

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