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Patna High CourtCR. MISC./11185/2019allowed

Manish Kumar v. The State Of Bihar

2019-02-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11185 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== Manish Kumar Son of Late Munna Yadav @ Munna Gope, resident of Mohalla-Khajekalan Neemghat Jhoparpatti, Police Station-Khajekalan, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Khajekalan P.S. Case No. 25/2019 (Special Case No. 678/2019), for the offence under Section 414/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act. In the instant case total 45 litres of liquour was seized. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. Nothing was recovered from the conscious possession of the petitioner. The seizure list was prepared in violation of the provisions of section 100 Cr.P.C.

The petitioner is in custody since 02.01.2019. Considering the fact that the petitioner has no criminal

Patna High Court Cr.Misc. No.11185 of 2019(2) dt.25-02-2019 2/2 antecedent, the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise Act, Patna in connection with Khajekalan P.S. Case No. 25/2019 (Special Case No. 678/2019).

(Anil Kumar Upadhyay, J) vinita/- U T