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Patna High CourtCR. MISC./18530/2019allowed

Manoj Kumar v. The State Of Bihar

2019-03-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18530 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== Manoj Kumar, Son of Late Lakhan Paswan, Resident of Mohalla- Daudbigha, P.S.- Agamkuan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Special Case No. 842 of 2019, arising out of Agamkuan P.S. Case No. 72 of 2019, for the offence under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 22.01.2019. He further submits that in the instant case total 102 litres of foreign liquor was seized. He further submits that the recovery was not made from the possession of the petitioner and the seizure list was not prepared as per the mandatory provision prescribed under Section 100 of the Cr.P.C. Considering the fact that the petitioner has got no criminal antecedent, the petitioner, named above, is directed to

Patna High Court CR. MISC. No.18530 of 2019(2) dt.27-03-2019 2/2 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 Special Judge, Excise Act, Patna in connection with Special Case No. 842 of 2019, arising out of Agamkuan P.S. Case No. 72 of 2019.

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