Patna High CourtCR. MISC./41356/2018allowed

Alok Kumar @ Alok Kumar Sah v. The State Of Bihar

2018-07-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41356 of 2018 Arising Out of PS. Case No.-143 Year-2017 Thana- TRIVENIGANJ District- Supaul ====================================================== Alok Kumar @ Alok Kumar Sah S/o Baijnath Sah, R/o Vill.- Patarghatti, P.S.- Triveniganj, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-07-2018 Heard the learned counsel for the petitioner and State. The petitioner is in custody in connection with Triveniganj P.S. Case No. 143 of 2017 (S.T. Excise-213/2017) for the offence under Sections 30(a)/56 (d) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody in connection with seizure of 25.560 liters of liquor, he has no criminal antecedent and petitioner being the purchaser of the car, in which the liquor was kept, he was not aware of the fact that liquor was kept in side the car and as such he has been falsely implicated in this case. Learned counsel further submit that seizure list not prepared in the mandatory requirement of Section 100 Cr.P.C., he further submits that the petitioner is in custody since 02.06.2018.

Patna High Court Cr.Misc. No.41356 of 2018(2) dt.11-07-2018 2/2 Considering the fact that the petitioner has no criminal antecedent, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Supaul, in connection with S.T. Excise Case No. 213 of 2017, arising out of Triveniganj P.S. Case No. 143 of 2017.

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