Patna High CourtCR. MISC./14828/2019allowed

Shankar Kumar And ANR v. The State Of Bihar

2019-03-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14828 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- NADI P.S. District- Patna ====================================================== 1.

SHANKAR KUMAR AND ANR Son of Puran Ray Resident of Village - Baharampur, Shaistapur, P.S.- Raghopur, District - Vaishali. 2.

Chintu Kumar Son of Rameshwar Ray Resident of Village - Baharampur, Shaistapur, P.S.- Raghopur, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-03-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody in connection with Nadi P.S. Case No. 15 of 2019, Special Case No. 485 of 2019 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. Learned counsel for the petitioner further submits that in the instant case total 22 liter country made liquor was seized in front seat of the tempo. He submits that mandatory requirements of provisions of Section 100 Cr.P.C. has not been followed in the matter of preparation of

Patna High Court CR. MISC. No.14828 of 2019(2) dt.11-03-2019 2/2 seizure-list. He submits that petitioners are in custody since 13.1.2019.

Considering the fact that the petitioner have no criminal antecedent, let the petitioners named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise Act, Patna, in connection with Nadi P.S. Case No. 15 of 2019. (Anil Kumar Upadhyay, J) T.Kr./- U T