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Patna High CourtCR. MISC./33932/2018allowed

Amarjeet Kumar v. The State Of Bihar

2018-06-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33932 of 2018 Arising Out of PS. Case No.-266 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Amarjeet Kumar, Son of Late Sukhal Chaudhary, Resident of Village Nijamuddinpur, P.S. + District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Excise Case no. 358/2018 arising out of Jehanabad P.S. Case No. 266/2018 for the offences alleged to have been committed under sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned Counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 9.04.2018 and as such he completed nearly two months. Learned Counsel for the petitioner submits that petitioner was merely a passenger of pick up van where liquor was kept and seized by the police. He further submits that mandatory provision under section 100 Cr.p.c was not followed while preparing seizure list.

Patna High Court Cr.Misc. No.33932 of 2018(2) dt.06-06-2018 2/2 Considering the fact that the petitioner is remained in custody nearly two months and he has no criminal antecedent, let the petitioner, named above, 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 Additional Sessions Judge, II, Jehanabad, in connection with Excise Case No. 358 of 2018, arising out of Jehanabad P.S. Case No. 266 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T