Sindhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65167 of 2023 Arising Out of PS. Case No.-159 Year-2023 Thana- MAKER District- Saran ====================================================== 1.

Sindhu Rai Son Of Late Punkal Rai Resident Of Village - Baghakol, P.S. - Maker, District - Saran 2.

Kamlesh Kumar Son Of Sindhu Rai Resident Of Village - Baghakol, P.S. - Maker, District - Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priya For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 105 liters of illicit liquor near the pond.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on suspicion. They have no concern with the alleged recovery or with the place of occurrence. No any incriminating

Patna High Court CR. MISC. No.65167 of 2023(2) dt.13-10-2023 2/2 article has been recovered from their conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioners have got no criminal antecedent and languishing in judicial custody since 06.08.2023.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned IInd Exclusive Special Excise Judge, Saran at Chapra in connection with Maker P.S. Case No. 159 of 2023. (Sunil Kumar Panwar, J) lata/- U T