Patna High CourtCR. MISC./86440/2023allowed

Anshu Kumar v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86440 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- BAUNSI District- Banka ====================================================== Anshu Kumar Son Of Munna Singh Resident Of Village- Ward No. 16, Chandpura , Ps- Chandpura, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 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 247 of the Bihar Prohibition Act.

3. Prosecution case relates to recovery of 1254.6 litres IMFL from Tata Pick-up van.

4. 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. Petitioner has no concern with the alleged recovery or with the vehicle in question. Because the alleged vehicle was being driven by the petitioner, he has been implicated in the present case. Provision of Section 100 CR.P.C. has not been followed by

Patna High Court CR. MISC. No.86440 of 2023(2) dt.11-01-2024 2/2 the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 11.09.2023.

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

6. Petitioner is directed to deposit Rs. 10,000/- (Rs. ten thousand) 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 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 Additional District & Sessions Judge-II, Banka in connection with Baunsi P.S. Case No. 266 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- (ten thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U