Tarun Kumar Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81186 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- Excise P.S. District- Buxar ====================================================== Tarun Kumar Agrawal Son Of Sri Pradeep Kumar Agrawal @ Pradip Kumar Agrawal R/O Village- Jagdishpur Pani Tanki, P.S.- Baliya, District- Baliya (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Excise (Dumaraon) P.S. Case No. 123 of 2023 registered for the offence punishable under section 30(A) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 547.200 litres of IMFL from the Tata Pick-up van and petitioner was apprehended on spot, who was driver and owner of the said vehicle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.81186 of 2023(2) dt.15-12-2023 2/3 committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. Because of his ownership, he has been implicated in the present case. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 3.10.2023.

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

Petitioner is directed to deposit Rs. 5,000/- (Rs. Five 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 Special Excise Judge-II, Buxar in connection with Excise (Dumaron) P.S. Case No. 123 of 2023. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of

Patna High Court CR. MISC. No.81186 of 2023(2) dt.15-12-2023 3/3 Rs. 5,000/- (Five thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U