Md. Mubarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10503 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- SAHAYAK NAGAR District- Katihar ====================================================== MD. MUBARAK Son of Md. Jakir Resident of - Sarifganj, P.S. - Sahayak, Dist.-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody in connection with Katihar Nagar (Sahayak) P.S. Case No. 54 of 2019 for the offence under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case total 40 liters liquor was seized from three plastic bags. Counsel for the petitioner submits that petitioner has no concern with the seized article. He submits that nothing was recovered from the conscious possession of the petitioner. He further submits that that mandatory requirement of Provision of Section 100 of the Cr.P.C. was not followed in preparation of seizure list. He

Patna High Court Cr.Misc. No.10503 of 2019(2) dt.21-02-2019 2/2 submits that petitioner is in custody since 18.01.2019. Considering the fact that the petitioner has no criminal antecedent, let the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II- Special Judge, Excise Act, Katihar in connection with Katihar Nagar ( Sahayak) P.S. Case No. 54 of 2019.

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