Patna High CourtCR. MISC./72597/2023allowed

Sanni Kumar v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72597 of 2023 Arising Out of PS. Case No.-445 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Sanni Kumar Son Of Manoj Mahto @ Manoj Kumar R/O Chapaur, P.S.- Masaurhi, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case relates to recovery of 72 litres country made liquor from the motorcycle and two persons including the petitioner were 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. Petitioner has no concern with the alleged recovery or with the vehicle in question. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list.

Patna High Court CR. MISC. No.72597 of 2023(2) dt.28-11-2023 2/2 Petitioner is languishing in judicial custody since 30.08.2023. 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 Exclusive Spl. Excise Judge 2nd, Patna in connection with Excise Masaurhi P.S. Case No. 445 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