Shiv Chandra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54929 of 2018 Arising Out of PS. Case No.-152 Year-2018 Thana- HATHAURI District- Muzaffarpur ====================================================== Shiv Chandra Sahani S/o Late Garbhu Sahani, R/o Vill.- Pakari Barkhurdar, P.S.- Hathouri, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kumari For the Opposite Party/s :

Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The petitioner is in custody in connection with Hathauri PS Case No. 152 of 2018 for the offence under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. The petitioner is in custody on the allegation of seizure of 35 liters of country made liquor. Counsel for the petitioner submits that the petitioner is a labourer and has no concern with the liquor in question. In fact, nothing was recovered from the possession of the petitioner. The petitioner is in custody since 29.07.2018.

Considering the fact that the petitioner has no criminal

Patna High Court Cr.Misc. No.54929 of 2018(2) dt.28-09-2018 2/2 antecedent and he has been in custody since 29.07.2018, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each after 21.10.2018 to the satisfaction of the Special Judge, Excise, Muzaffarpur in connection with Hathauri PS Case No. 152 of 2018. (Anil Kumar Upadhyay, J) mrl./- U