Madhusudan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18893 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- BAUSI District- Purnia ====================================================== 1.

Madhusudan Kumar S/o Manoj Singh Resident of Village- Khopi, P.S.- Runni Saidpur, Distt- Sitamarhi.

2.

Kunal Kumar S/o Sunil Kumar Resident of Village- Gisara, P.S.- Parsauni, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Baisi P.S. Case No. 46 of 2020 arising out of Special Case No. 99 of 2020 for the offence under sections 272, 273 of the Indian Penal Code and Section 30(a), 41/47 of Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

In the instant case total 157 liters of foreign liquor was seized from a vehicle.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.18893 of 2020(3) dt.13-05-2020 2/2 petitioners are 21-22 years old respectively. He submits that nothing was recovered from the conscious possession of the petitioners. He also submitted that seizure list was not prepared in accordance with mandatory provision of Section 100 Cr.P.C. The petitioners are in custody since 20.2.2020. Considering the age of the petitioners and the fact that the petitioners have no criminal antecedent, the Court is inclined to grant bail to the petitioners, let the petitioners, named above, be enlarged on bail on furnishing their personal bond to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Court,Excise, Purnea, in connection with Baisi P.S. Case No. 46 of 2020 arising out of Special Case No. 99 of 2020 on account of total lock-down due to Covid-19 pandemic (Anil Kumar Upadhyay, J) Ravi/- U T