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Patna High CourtCR. MISC./37273/2018allowed

Chandradev Yadav 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.37273 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- KOTHIGRAM District- Gaya ====================================================== Chandradev Yadav S/o Late Shanichar Mahto, R/o Vill.- Shiva, Baseta, P.S.- Kothi, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== 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 Kothi P.S. Case No. 18 of 2018 for the offence under sections 272, 273 of the Indian Penal Code and Section 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 14.5.2018.

Learned counsel for the petitioner submits that in the instant case total 60 liters of liquor was seized. However, seizure list was not prepared in accordance with mandatory provisions of law. He further submits that nothing was recovered from the conscious possession of the petitioner.

Patna High Court Cr.Misc. No.37273 of 2018(2) dt.28-06-2018 2/2 Considering the fact that petitioner has not criminal antecedent and he has remained in custody for nearly one and half months, 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 Special Judge-Excise Act, Gaya, in connection with Kothi P.S. Case No. 18 of 2018.

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