ROSHAN YADAV @ ROSHAN KUMAR v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR Mr.Uday Chand Prasad Mr.Anand Kishore Choudhary ORAL ORDER 2 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, there has been recovery of

166.100 liters of illegal foreign liquor from a thatched house. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. The provision of Section 100 of the Cr.P.C., has not followed in this case, while preparing the seizure list. No Patna High Court CR. MISC. No.17125 of 2023(2) dt.11-05-2023 incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 01.01.2023. The application for bail is opposed by learned APP for the State. 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 and Sessions Judge-Vth-cum-Special Judge Excise Act-1st, Madhepura in connection with Kumar Khand P.S. Case No. 365 of 2022. arish/- U T (Sunil Kumar Panwar, J)