Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73188 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- AMBA District- Aurangabad ====================================================== DHARMENDRA KUMAR SON OF DEOBACHAN YADAV RESIDENT OF VILLAGE - DUMRA, P.S. - HASPURA, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== 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 169.32 litres of illicit liquor from an auto and petitioner (driver) was arrested on spot and one person managed to escape 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 vehicle in question. He was simply engaged as driver by registered owner, namely, Anshu Kumar, who managed to escape. Provision of Section

Patna High Court CR. MISC. No.73188 of 2023(2) dt.09-11-2023 2/2 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 13.08.2023.

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 Spl. Judge, Excise-I, Aurangabad in connection with Amba P.S. Case No. 192 of 2023.

(Sunil Kumar Panwar, J) sushma/- U