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Patna High CourtCR. MISC./38963/2018allowed

Rajendra Sah v. The State Of Bihar

2018-07-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38963 of 2018 Arising Out of PS. Case No.-150 Year-2018 Thana- GAYGHAT District- Muzaffarpur ====================================================== Rajendra Sah S/o Musai Sah, R/o Vill.- Shivdaha, P.S.- Gaighat, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 24.5.2018 in connection with Gaighat P.S. Case No. 150 of 2018 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner was arrested in connection with seizure of 23.625 liters of liquor which was alleged to be kept inside the kitchen of the petitioner's residential house. Counsel for the petitioner further submits that on account fact that the petitioner is Mukhiya of the family he has been falsely implicated in this case. He submits that mandatory requirements of Section 100 Cr.P.C. was not followed in the matter of preparation of seizure

Patna High Court Cr.Misc. No.38963 of 2018(2) dt.09-07-2018 2/2 list. Petitioner is in custody in this case since 24.5.2018. Considering the aforesaid fact, that petitioner has remained in custody for more than one month, let the petitioner named above is directed to be released on bail after 24.7.2018 on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Special Judge Excise, Muzaffarpur in connection with Gaighat P.S. Case No.150 of 2018.

(Anil Kumar Upadhyay, J) banti/-T.Kr.

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