Ajay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76297 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- BIND District- Nalanda ====================================================== Ajay Chaudhary Son Of Late Shiv Chaudhary Resident Of Village -Khanpur, Police Station - Biind, District - Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Prasad Singh For the Opposite Party/s :
Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 20 litres illicit liquor kept in two gallons from the place of occurrence and petitioner was arrested on spot while he was trying 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 place of occurrence. Nothing has been recovered from conscious possession or from the house of the petitioner.
Patna High Court CR. MISC. No.76297 of 2023(2) dt.01-12-2023 2/2 Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 28.08.2023. 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 Additional Sessions Judge V-cum-Special Judge (Excise) Bihar Sharif, Nalanda in connection with Bind P.S. Case No. 98 of 2023.
(Sunil Kumar Panwar, J) sushma/- U