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Patna High CourtCR. MISC./3771/2019allowed

Abhishek Kumar Yadav v. The State Of Bihar

2019-01-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3771 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Abhishek Kumar Yadav, son of Birendra Yadav Resident of VillageThepahan, Uttar Tola, Police Station- Ziradei, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with C-III Case No. 213 of 2018. for the offenses under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent. The liquor was seized near a Amra Tree situated near the house of co-accused Sandeep Singh and not from the conscious possession of the petitioner. He further submits that the provision of Section 100 Cr. P.C. was not followed in preparing the seizure list. The petitioner is in custody since 03.12.2018.

Considering the fact that the petitioner has no

Patna High Court Cr.Misc. No.3771 of 2019(2) dt.25-01-2019 2/2 criminal antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge cum Special Judge, Siwan in connection with C-III Case No. 213 of 2018. (Anil Kumar Upadhyay, J) spandey/- U T