Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13297 of 2020 Arising Out of PS. Case No.-698 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Golu Kumar S/o- Jayvind Sharma R/o- Village- Tarait, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Naubatpur P.S. Case No. 698 of 2019 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. 2.75 liters of foreign liquor is said to have recovered from co-accused Sanjit Kumar Pandey. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. Petitioner has been named in this case only on the basis of confession of coaccused. It is further submitted that mandatory provision of Section 100 Cr.P.C. has not been followed with respect to search and seizure. Petitioner is having no criminal antecedent. Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.13297 of 2020(2) dt.05-03-2020 2/2 well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned Special Judge, Excise, Patna in connection with Naubatpur P.S. Case No. 698 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T