Banti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4143 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- PARAIYA District- Gaya ====================================================== BANTI KUMAR S/o Upendra Prasad R/o village- Manoharpur, P.S.- Koch, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.
The petitioner apprehends his arrest in Paraiya P.S. Case No.87 of 2019 registered for the offence under Sections 30A and 30D of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, 200 litres of mahua liquor and 100kg of mahua flower are said to have recovered from two vehicles.
Learned counsel for the petitioner submits that nothing has been recovered from the possession of petitioner. The name of the petitioner surfaced in this case due to confessional statement of co-accused. It is submitted that petitioner is neither driver nor owner of the vehicles in question. Petitioner has no concern with the course of recovery. Mandatory provisions under Section 100 Cr.P.C has not been followed with
Patna High Court CR. MISC. No.4143 of 2020(2) dt.03-03-2020 2/2 regard to seize and Seizure. Petitioner has clean antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge - Excise Act, Gaya in connection with Paraiya P.S. Case No.87 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Prabhat Kumar Singh, J) SUMIT/- U T