← Library
Patna High CourtCR. MISC./36566/2018allowed

Sudheer Kumar Sharma v. The State Of Bihar

2018-06-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36566 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== Sudheer Kumar Sharma S/o Suresh Sharma, R/o Vill.- Supaul, P.S.- Angarghat, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Ujiarpur Case No. 108 of 2018 for the offence under sections 272, 273, 414, 47 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He is in custody since 18.5.2018 in connection with seizure of 13.5 liters Indian made foreign liquor. Learned counsel submits that seizure list was not prepared in accordance with mandatory provisions of the Cr.P.C. and there is no independent seizure list witness. Considering the fact that petitioner has no criminal antecedent and he has remained in custody for more than one

Patna High Court Cr.Misc. No.36566 of 2018(2) dt.28-06-2018 2/2 month, 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 learned Additional Sessions Judge 6th cum Special Judge, Excise Act, Samastipur, in connection with Ujiarpur P.S. Case No. 108 of 2018.

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