Patna High CourtCR. MISC./21490/2020allowed

Pintoo Sah @ Pintu Sah v. The State Of Bihar

2020-07-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21490 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== Pintoo Sah @ Pintu Sah Son of Parma Sah @ Prabha Sah Resident of Village - Mehadiya Naharpar, P.S.- Jadopur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Ranjan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-07-2020 Learned counsel for the petitioner submits that in para-1 of the bail application due to inadvertence instead of "Yadopur P.S. Case No. 74 of 2019" it was wrongly typed as "Yado P.S. Case No. 74 of 2019"

Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Yadopur P.S. Case No. 74 of 2019 for the offence under section 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2018. In the instant case total 113.600 liters of wine was seized which was kept in two sacks.

Learned counsel submits that the liquor was not belonged to the petitioner. He further submits that mandatory provision of Section 100 Cr.P.C. was not followed while

Patna High Court CR. MISC. No.21490 of 2020(2) dt.03-07-2020 2/2 preparing the seizure list.

The petitioner is in custody since 28.4.2020. Considering the fact that petitioner has remained in custody since 28.4.2020, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cum-Special Judge, Gopalganj, in connection with Yadopur P.S. Case No. 74 of 2019 subject to the condition that on release the petitioner shall render his service as volunteer in dedicated Covid-19 hospital for a period of one month. He is required to report to the district Nodal Officer who shall utilize the service of the petitioner appropriately.

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