Patna High CourtCR. MISC./70059/2023allowed

Mithilesh Kumar v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70059 of 2023 Arising Out of PS. Case No.-1350 Year-2023 Thana- Excise P.S. District- Patna ====================================================== MITHILESH KUMAR SON OF DEVENDRA PRASAD YADAV RESIDENT OF VILLAGE - SARIFFAGANJ, WARD NO.72, P.S. - MALSALAMI, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmeshwar Vishwakarma For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. Prosecution case relates to recovery of total 55 liters country made Mahua wine from Didarganj Chek Post Road and petitioner was apprehended on spot along with other coaccused.

4. 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. He has no concern with the alleged recovery of liquor.

Patna High Court CR. MISC. No.70059 of 2023(2) dt.02-11-2023 2/2 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 he is languishing in judicial custody since 24.08.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. 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 Court of Special Judge, Excise, Patna in connection with Excise Patna P.S. Case No. 1350 of 2023.

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