Love Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13030 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== LOVE KUMAR Son of Bahadur Pandit Resident of Village - Sandwara, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Bajpatti P.S. Case No 133 of 2019 Registered for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016. 8.5 litres of foreign wine was recovered from the bush behind the hut of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics. Mandatory provisions under Section 100 Cr.P.C has not been followed with regard to seize and seizure. Petitioner has got no criminal antecedent. Nothing has been recovered from the conscious possession of this petitioner.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named

Patna High Court CR. MISC. No.13030 of 2020(2) dt.04-03-2020 2/2 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 A.D.J-II-cum-Special Judge , Excise Act, Sitamarhi in connection with Bajpatti P.S. Case No. 133 of 2019 , subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Prabhat Kumar Singh, J) Niraj/- U T