Patna High CourtCR. MISC./73894/2023allowed

Bipin Kumar Singh v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73894 of 2023 Arising Out of PS. Case No.-210 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Bipin Kumar Singh S/O Nokhe Lal Singh Resident Of Village- Chaksaid, P.S.-Patepur (Harla Chanpur), District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 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 98.625 lites of illicit wine from a car during vehicle checking by the police party on 01.09.2023. Car was being driven by the petitioner and he managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He 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

Patna High Court CR. MISC. No.73894 of 2023(2) dt.02-12-2023 2/2 list. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 14.09.2023.

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 Exclusive Spl. Excise Court No. 2-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No. 210 of 2023.

(Sunil Kumar Panwar, J) sushma/- U