Patna High Court/82772/2023allowed

Karan Kumar v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82772 of 2023 Arising Out of PS. Case No.-929 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1.

Karan Kumar S/O Dilip Kumar Sharma R/O Baijnath Sahay Lane, Manpur, P.S- Buniyadganj, Distt.- Gaya.

Ajit Kumar S/O Bigan Prasad R/O Shiv Charan Lane, Manpur, P.SBuniyadganj, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 105.84 liter English liquor from an Indigo Car bearing Reg. No. BR01-CF-2885.

4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case due to high handedness of the

Patna High Court CR. MISC. No.82772 of 2023(2) dt.20-12-2023 2/2 police officials. The petitioners have no concern with the alleged recovered liquor and nothing incriminating article has been recovered from their conscious possession. It is further submitted that Section 100 of the Cr.P.C. has not been followed while preparing the seizure list. The petitioners are languishing in judicial custody since 15.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Barachatti P.S. Case No. 929 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No-V, Gaya.

(Sunil Kumar Panwar, J) Sushma/- U T