Patna High CourtCR. MISC./75507/2023allowed

Rahul Kumar v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75507 of 2023 Arising Out of PS. Case No.-1689 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== RAHUL KUMAR Son of Vinay Singh Resident of Village - Majlishpur, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== 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 section 30 (a) of Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 400.5 litres of IMFL from a pickup van of which petitioner was driver and he was 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. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 24.09.2023.

Patna High Court CR. MISC. No.75507 of 2023(2) dt.29-11-2023 2/2 Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 10,000/- (Rs. ten 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 Spl. Judge, Excise Court No. III, Gaya in connection with Excise PS Case No. 1689 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- (ten thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U