Rajesh Yadav @ Rajesh Kumar @ Rajesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75496 of 2023 Arising Out of PS. Case No.-1181 Year-2023 Thana- Excise P.S. District- Darbhanga ====================================================== Rajesh Yadav @ Rajesh Kumar @ Rajesh Kumar Yadav Son Of Balaram Yadav @ Baliram Yadav @ Balram Yadav R/O Village- Nadikat Diwari, P.S.- Sadar, Dist.- Darbhanga ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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 36 litres of Nepali liquor from a motorcycle which was being driven by the petitioner and he 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. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial
Patna High Court CR. MISC. No.75496 of 2023(2) dt.29-11-2023 2/2 custody since 3.9.2023.
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 Exclusive Spl. Judge-I, (Excise Act, ) Darbhanga in connection with Excise Sadar P.S. Case No. 1181 of 2023. (Sunil Kumar Panwar, J) sushma/- U