Anil Kumar Yadav @ Anil Yadav v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR Mr.Manisha Prakash Mr.Akhileshwar Dayal ORAL ORDER 2 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

As per prosecution case, the petitioner was apprehended on the spot and from a motorcycle total 70 liters illicit liquor was recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case on suspicion. He has no concern with the alleged recovery or with the vehicle in question. Nothing incriminating article has been recovered from his conscious possession. Provision of Patna High Court CR. MISC. No.86266 of 2023(2) dt.11-01-2024 Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 13.11.2023.

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

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 court of Exclusive Excise Court No.3, Gaya in connection with Excise P.S. Case No. 1977 of 2023 (Sunil Kumar Panwar, J) lata/- U T