Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68236 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- NARHATT District- Nawada ====================================================== Sanjay Singh Son of Sri Nawal Singh@ Nawal Kishore Singh Resident of Village- Punaul, P.S. Narhat, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan Kumar For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Narhat P.S. Case No. 210 of 2018 for the offence under section 30(A) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the has no criminal antecedent.

He further submits that police on secret information raided near the house of this petitioner and from a hut liquor was seized.

Learned counsel for the petitioner submits that petitioner has no role in the storage and sell of the liquor. Nothing was recovered from the possession of the petitioner and the hutment does not belong to the petitioner.

Patna High Court Cr.Misc. No.68236 of 2018(2) dt.14-12-2018 2/2 He further submits that mandatory section 100 of the Cr.P.C. was not followed in the matter of seizure. Considering the totality of situation, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Nawada, in connection with Narhat P.S. Case No. 210 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C.

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