Madan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33260 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- CHANDI District- Nalanda ====================================================== Madan Singh, son of Late Rajmani Singh, resident of Village- Chainpur, P.S. Chandi (Vena), District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dshirendra Kumar Trivedi, Advocagte For the Opposite Party/s :

Mr. Murlidhar, APP-110 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody in connection with Chandi (Vena) P.S. Case No. 91 of 2018 for offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel submits that the petitioner has no criminal antecedent. In the instant case 30 litre liquor was recovered not from the house of the Madan Singh. The said liquor was kept in jar on the roof of the house. Learned counsel submits that in the instant case the recovery cannot be made and not facing any criminal accountability of the alleged liquor. He also submits that the mandatory requirement of under Section 100 of the Cr.P.C. was not followed.

Patna High Court Cr.Misc. No.33260 of 2018(2) dt.05-06-2018 2/2 Considering the totality of the fact and situation, let the petitioner, above named, be released 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 VI Additional District and Sessions Judge-cum-Special Judge, Excise Act, Nalanda (Biharsarif) in connection with Chandi (Vena) P.S. Case No. 91 of 2018.

(Anil Kumar Upadhyay, J) Rakesh Kumar/Manoj U T