Md. Konen @ Md. Kaunen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80264 of 2018 Arising Out of PS. Case No.-140 Year-2018 Thana- DAGARUA District- Purnia ====================================================== Md. Konen @ Md. Kaunen son of Md Sakur Resident of village- Pashchim Tola Barsouni P.S. Dagarua District Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Dagarua P.S. Case No. 140 of 2018 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has no criminal antecedent and he is in custody since 27.10.2018. He submits that in the instant case 81.750 of english wine was recovered from a vehicle.

Learned counsel further submits that nothing was recovered from possession of the petitioner and seizure was not prepared in accordance with the mandatory provision of section 100 Cr.P.C.

Considering the fact that petitioner has no criminal

Patna High Court Cr.Misc. No.80264 of 2018(2) dt.28-01-2019 2/2 antecedent and he is in custody since 27.10.2018, let the petitioner, named above, 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 2nd Additional Sessions Judge-cum-Special Judge (Excise Act), Purnea, in connection with Dagarua P.S. Case No. 140 of 2018, Excise Case No. 671 of 2018.

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