Lalit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2546 of 2019 Arising Out of PS. Case No.-307 Year-2018 Thana- JOGBANI District- Araria ====================================================== Lalit Mandal Singheshwar Mandal Vill-Kochgawn,Sonapur, Ward no.10,P.SNarpatganj, Dist.-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Special Case No. 1392 of 2018, arising out of Jogbani P.S. Case No. 307 of 2018 registered for the offence punishable under Section 30 (a), 38 (i), 37 (C) of the Bihar Excise and Prohibition Act 2016. Learned counsel for the petitioner would submit that petitioner has no criminal antecedent. In the instant case total 81 liters liquor was recovered. He further submits that petitioner has no concern with the trade of liquor. Nothing was in fact recovered from the possession of the petitioner. In the instant case mandatory provisions of 100 of the Cr.P.C. was not followed in preparation of seizure list.

Considering the fact that petitioner has no criminal

Patna High Court Cr.Misc. No.2546 of 2019(2) dt.21-01-2019 2/2 antecedent and he is in custody since 05.11.2018, the Court directs release of the petitioner 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 2nd Additional Sessions Judge-cum- Special Judge Excicse, Araria in connection with Special Case No. 1392 of 2018 arising out of Jogbani P.S. Case No. 307 of 2018.

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