Patna High CourtCR. MISC./75869/2023allowed

Amarjeet Singh v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75869 of 2023 Arising Out of PS. Case No.-474 Year-2023 Thana- BARUN District- Aurangabad ====================================================== AMARJEET SINGH Son of Ramprasad Singh R/o vill - Ratnaur, P.s. - Jamhor, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 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 Excise Prohibition and Amendment Act.

Prosecution case relates to recovery of 169.32 litres liquor illicit liquor from a pick-up van which was being driven by the petitioner 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. Petitioner has no concern with the alleged recovery or with the vehicle in question. He was simply a driver. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is

Patna High Court CR. MISC. No.75869 of 2023(2) dt.30-11-2023 2/2 languishing in judicial custody since 29.09.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 20,000/- (Rs. twenty 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-I, Aurangabad in connection with Barun P.S. Case No. 474 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 20,000/- (twenty thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U