Ankit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84065 of 2023 Arising Out of PS. Case No.-573 Year-2023 Thana- Excise P.S. District- Saran ====================================================== ANKIT S/O RAJENDRA SINGH VILLAGE- BAKHAR, PS. CHAUBIYA, DIST. ETAWAH (UTTAR PRADESH).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghwendra Pratap Singh For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of total 691.200 liters of foreign liquor from a Truck bearing Reg. No. UP83T7109 and petitioner was apprehended on the spot as a driver of said truck.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He has no concern with the alleged recovery of liquor nor vehicle in question belongs to him. No any incriminating article
Patna High Court CR. MISC. No.84065 of 2023(2) dt.05-01-2024 2/2 has been recovered from his conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 16.09.2023.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. 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 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Sadar Excise P.S. Case No.573 of 2023.
(Sunil Kumar Panwar, J) lata/- U T