Patna High CourtCR. MISC./4238/2019allowed

Mohammad Chhotu @ Mohammad Chhothu @ Md. Chathu v. The State Of Bihar

2019-01-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4238 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- BALTHAR District- West Champaran ====================================================== MOHAMMAD CHHOTU @ MOHAMMAD CHHOTHU @ MD. CHATHU son of Sk. Hasanjad R/o Village- Bhedihri, Post, Gauripur, P.S.- Purushottampur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Balthar P.S. Case No. 98 of 2018, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He further submits that in the instant case total 90 liters liquor was seized. Learned counsel for the petitioner further submits that nothing was recovered from the conscious possession of the petitioner and seizure list was not prepared in accordance with law and even the signature of the petitioner was not obtained on the seizure

Patna High Court Cr.Misc. No.4238 of 2019(2) dt.28-01-2019 2/2 list. He further submits that petitioner is in custody since 07.09.2018.

Considering the fact that the petitioner has no criminal antecedent and he has remained in custody nearly four and half months, let the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Special Judge Excise, Bettiah, West Champaran in connection with Balthar P.S. Case No. 98 of 2018.

(Anil Kumar Upadhyay, J) T.Kr./- U T