Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83490 of 2023 Arising Out of PS. Case No.-1026 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== 1.
SHIVAM KUMAR SON OF BINDESHWARI MANDAL R/O VILLAGEVIDYARTHI TOLA, WARD NO.38, P.S.- MUFFASIL, DISTRICTKHAGARIA 2.
AMAN KUMAR SON OF BIPIN KUMAR PASWAN R/O VILLAGEMANSI ARAIYA, WARD NO.4, P.S.- MANSI, DISTRICT- KHAGARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of 266.4 litres of IMFL from a pickup van. Petitioner no. 1 is said to be the driver and petitioner no. 2 co-driver of the said van and both were arrested on spot.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and
Patna High Court CR. MISC. No.83490 of 2023(2) dt.04-01-2024 2/3 have committed no offence. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Both the petitioners are languishing in judicial custody since 4.10.2023.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Petitioners are directed to deposit Rs. 5,000/- (Rs. Five thousand) each in the concerned DLSA.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 1026 of 2023.
8. The bail bonds of the petitioners shall be accepted by the learned court below on showing two
Patna High Court CR. MISC. No.83490 of 2023(2) dt.04-01-2024 3/3 separate receipts of deposit of Rs. 5,000/- (Five thousand only) by both the petitioners in the account of concerned DLSA.
(Sunil Kumar Panwar, J) sushma/- U