Krishna Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39908 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- SINGHIYA District- Samastipur ======================================================

1. Krishna Kumar

2. Murari Nayak Both Sons of Umesh Nayak Resident of Village - Singhia, Police Station - Singhia, District - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Singhia P.S. Case No. 45 of 2018 for the offence under section 30(a) of Bihar Excise (Amendment) Act, 2016.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent and they are in custody since 18.5.2018. Learned counsel submits that in the instant case there is seizure of 93 liters of liquor. He submits that in the process of seizure, mandatory provision of Section 100 Cr.P.C. was not followed by the officials.

Considering the fact that petitioners have no criminal antecedent and they have remained in custody for nearly one

Patna High Court Cr.Misc. No.39908 of 2018(2) dt.10-07-2018 2/2 and half months, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Samastipur, in connection with Singhia P.S. Case No. 45 of 2018.

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