Rajendra Kumar @ Rajendar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78391 of 2023 Arising Out of PS. Case No.-1479 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== RAJENDRA KUMAR @ RAJENDAR KUMAR S/O CHATAN MAHTO @ CHATAN SINGH VILLAGE- DAMODARPUR HOUSING BOARD COLONY, PS. KANTI, DIST. MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 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)/32(3) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 187.44 litres of illicit ILMF from the house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The alleged house does not belong to the petitioner. He has no concern with the alleged recovery or with the place of occurrence. Only on the basis of suspicion, his name has been wrongly dragged in the present case. Provision of Section 100

Patna High Court CR. MISC. No.78391 of 2023(2) dt.06-12-2023 2/2 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 14.8.2023.

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) Court no. II, Muzaffarpur in connection with Excise PS Case No. 1479 of 2023.

(Sunil Kumar Panwar, J) sushma/- U