Patna High CourtCR. MISC./79401/2023allowed

Mantu Kumar v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79401 of 2023 Arising Out of PS. Case No.-216 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Mantu Kumar son of Lakhan Yadav Village- Ora Ps- Muffasil DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 44.1 litres of country made liquor from an Auto and petitioner 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. He has no concern with the alleged recovery or with the vehicle in question. He was simply driving the auto on the instruction of the owner without any knowledge of keeping the liquor inside the vehicle.

Patna High Court CR. MISC. No.79401 of 2023(2) dt.11-12-2023 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 25.09.2023. 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 Special Court of Excise, Aurangabad in connection with Kutumba PS Case No. 216 of 2023.

(Sunil Kumar Panwar, J) sushma/- U