Patna High CourtCR. MISC./84870/2023allowed

Bhupendra Kumar Singh @ A.S.I. Bhupendra Kumar Singh v. The State Of Bihar

2024-01-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84870 of 2023 Arising Out of PS. Case No.-268 Year-2023 Thana- SIKTI District- Araria ====================================================== Bhupendra Kumar Singh @ A.S.I. Bhupendra Kumar Singh S/O Late Dhruv Narayan Singh @ Dhruvnath singh VILLAGE- MURA MAJHAUA, PS. DAROULI, DIST. SIWAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Diksha Kumari, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 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), 38(i), 41(i) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 1.200 litres of illicit liquor from dikki of the seized vehicle and 65 empty bottles were recovered from the bush near the house of the petitioner.

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. Provision of Section 100 CR.P.C. has not been followed by the

Patna High Court CR. MISC. No.84870 of 2023(3) dt.24-01-2024 2/2 police officials while preparing the seizure list. He is languishing in judicial custody since15.10.2023.

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 Exclusive Special Excise Court-2, Araria in connection with Sikti P.S. Case No. 268 of 2023.

(Sunil Kumar Panwar, J) sushma/- U