IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52749 of 2021

Arising Out of PS. Case No.-335 Year-2021 Thana- BARACHATTI District- Gaya

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SUDARSHAN KUMAR Son of Prabhu Narayan Singh Resident of Village-

Kishunpur, P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Jitendra Narain Sinha

For the Opposite Party/s :

Mrs.Sucheta Yadav

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

29-04-2022

Heard the parties.

Petitioner seeks regular bail in connection with

Barachatti PS Case No. 335 of 2021 registered under Section

30(a) of the Bihar Prohibition and Excise (Amendment) Act,

2018.

802.680 liters of illicit foreign liquor has been

recovered from the truck owned and driven by the petitioner.

Learned counsel for the petitioner submits that

petitioner has got no criminal antecedent and this is first offence

in which the petitioner has been arrested by the police. He

denied the allegation made in the FIR and submits at the time of

seizure procedures prescribed for search and seizure in the

Excise Act as well as Section 100 of the Cr.P.C. have not been

followed. The petitioner is in custody since 08/06/2021, charge

Patna High Court CR. MISC. No.52749 of 2021(2) dt.29-04-2022

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sheet has already been submitted and there is no likelihood that

petitioner will abscond or tamper with the evidence if released

on bail.

Regard being had to the submissions made by the

parties and taking into consideration the material available on

record, the fact that petitioner has got no criminal antecedent, he

is in custody since 08-06-2021 and charge sheet has already

been submitted, as such, I am inclined to grant regular bail to

the petitioner.

Let the petitioner, above named, be released on

regular bail on furnishing bail bond of Rs. 20000/- (twenty

thousand) with two sureties of the like amount each to the

satisfaction of learned Additional Sessions Judge – IInd - cum

Special Judge of Excise Act, Gaya in connection with

Barachatti PS Case No. 335 of 2021.

praful/-

(Anil Kumar Sinha, J)

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