Md. Faisal Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1374 of 2019 Arising Out of PS. Case No.-442 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Md. Faisal Ahmad, son of Md. Ali Zaman, resident of Dargah Road, Near Tehre Masjid, P.S.- Sultanganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Special Case No. 9223 of 2018, arising out of Gardanibagh P.S. Case No. 442 of 2018 for the offence under Sections 30(a) and 38(i) (ii) 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 01.10.2018. He further submits that in the instant case foreign liquor was seized from the premises of Aman Hospital. He submits that the petitioner has no concern with the hospital building and nothing was seized from the conscious possession of this petitioner. He submits that 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

Patna High Court Cr.Misc. No.1374 of 2019(2) dt.28-01-2019 2/2 criminal antecedent and he has remained in custody for more than three months, the petitioner, named above, is directed to 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. 9223 of 2018, arising out of Gardanibagh P.S. Case No. 442 of 2018.

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