Shashikant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12106 of 2019 Arising Out of PS. Case No.-718 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== SHASHIKANT KUMAR SINGH Son of Premchand Singh @ Prem Sagar, Resident of mohalla/village-Sohanpur, P.S.-Banakata, District-Deoria(U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mrs.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Siwan Muffasil PS Case No. 718 of 2018 for the alleged offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is that total 37.440 ml of liquor was seized. Learned counsel representing the petitioner submits petitioner has no criminal antecedent and he is in custody since 17.12.2018. Learned counsel for the petitioner also submits that mandatory provision of Section100 CrPC was not followed while preparing the seizure list.

Considering the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.12106 of 2019(2) dt.27-02-2019 2/2 antecedent and he has remained in custody since 17.12.2018, this application is allowed.

Accordingly, let the petitioner above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-II, Siwan in connection with Siwan Muffasil PS Case No. 718 of 2018.

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