Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72353 of 2023 Arising Out of PS. Case No.-742 Year-2023 Thana- Excise P.S. District- Gopalganj ====================================================== UTTAM KUMAR S/o- SANJAY SAH Village- Sahebganj Ps- Sahebganj Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 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 90 litres illicit liquor from a Bolero Vehicle and petitioner (driver) was apprehended 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. He has no concern with the alleged liquor or with the vehicle in question rather the alleged vehicle belongs to Binod Sah. Provision of Section 100 Cr.P.C. has not been followed by the police officials while

Patna High Court CR. MISC. No.72353 of 2023(2) dt.09-11-2023 2/2 preparing the seizure list. Petitioner is languishing in judicial custody since 22.7.2023.

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 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 Distt. And Sessions Judge IV-cum-Special Judge Excise Court No. II, Gopalganj in connection with Excise PS Case No. 742 of 2023.

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