Santosh Pandey @ Santosh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40520 of 2018 Arising Out of PS. Case No.-253 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== Santosh Pandey @ Santosh Kumar Pandey, Son of Late Sukhdev Pandey, R/o Village- Teri Mohalla P.S. Ara Nagar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2018 Heard the learned counsel for the petitioner and State. The petitioner is in custody in connection with Ara Town P.S. Case No. 253 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody in connection with seizure of 28.5 liters liquor. Learned counsel for the petitioner submits that in the instant case there is no requirement of mandatory provision of Section 100 Cr.P.C., he submits that the petitioner is in custody since 13.05.2018. Considering the fact that the petitioner has no criminal antecedent and he is in custody since 13.05.2018, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two

Patna High Court Cr.Misc. No.40520 of 2018(2) dt.10-07-2018 2/2 sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bhojpur at Ara in connection with Ara town (Nagar) P.S. Case No. 253 of 2018.

(Anil Kumar Upadhyay, J.) Rajiv/- U T