Amit Keshari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75361 of 2023 Arising Out of PS. Case No.-638 Year-2023 Thana- MALSALAMI District- Patna ====================================================== AMIT KESHARI SON OF GOPI PRASAD KESHARI RESIDENT OF VILLAGE- DALHATTA, PS- MALSALAMI, DISTT- PATNA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== 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), 36 and 37 of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of about 60 litres country made liquor from the place of occurrence and five 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. He has no concern with the alleged recovery or with the place of occurrence. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is
Patna High Court CR. MISC. No.75361 of 2023(2) dt.29-11-2023 2/2 languishing in judicial custody since 15.09.2023. 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 Special Judge Excise, Patna City, Patna in connection with Malsalami P.S. Case No. 638 of 2023.
(Sunil Kumar Panwar, J) sushma/- U