Arun Yadav @ Arun Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7864 of 2019 Arising Out of PS. Case No.-915 Year-2018 Thana- ARARIA District- Araria ====================================================== ARUN YADAV @ ARUN KUMAR YADAV (Male) Son of Late Janak Lal Yadav Resident of Village- Araria, R.S.- Ward no.-3 P.S.- Araria, R.S., District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nishant Kumar Sinha For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-02-2019 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. 1689 of 2018, arising out of Araria (R.S.) P.S. Case No. 915 of 2018 registered for the offence punishable under Section 30 (a) and 36 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner would submit that petitioner has no criminal antecedent. Learned counsel for the petitioner submits that in the instant case total 16 liters of country made liquor was seized. Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner and mandatory provision
Patna High Court Cr.Misc. No.7864 of 2019(2) dt.11-02-2019 2/2 of Section 100 Cr.P.C. was not followed in preparation of seizure list. He submits that petitioner is in custody since 27.12.2018.
Considering the fact that petitioner has no criminal antecedent, let the above named petitioner 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 2nd Additional Sessions Judge- cum- Special Judge, Araria, in connection with Special Case No. 1689 of 2018, arising out of Araria (R.S.) P.S. Case No. 915 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T