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Patna High CourtCR. MISC./1126/2019allowed

Santosh Ray v. The State Of Bihar

2019-01-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1126 of 2019 Arising Out of PS. Case No.-318 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Santosh Ray, son of Ram Sakal Ray, Resident of Village- Ward No. 6, Ramutol Dadhia, Asadhar, Police Station- Angarghat, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. Aditya Narayan Singh 1 ====================================================== 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 Excise Case No. 318 of 2018 for the offence under Section 30(a) and 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 02.11.2018. He further submits that 45.435 litres of foreign liquor was recovered from the back of the house of the 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 criminal antecedent, the petitioner, named above, is directed to

Patna High Court Cr.Misc. No.1126 of 2019(2) dt.28-01-2019 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 3rd Additional Sessions Judge-cum-Special Judge, Excise Act, Samastipur in connection with Excise Case No. 318 of 2018.

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