Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80257 of 2018 Arising Out of PS. Case No.-208 Year-2017 Thana- BARH District- Patna ====================================================== Suraj Kumar Son of Raj Kumar, Resident of Village- Bazidpur, Ward No. 3, Police Station- Barh and District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No-2 For the Opposite Party/s :

Mr.Sri Satyadev Prasad Singh Yadav ====================================================== 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 Special Case No. 4067 of 2017 arising out of Barh P.S. Case No. 208 of 2017 for the offence under section 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 23.11.2018. He submits that in the instant case 65 liters of the liquor was recovered. He further submits that nothing was recovered from conscious 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.80257 of 2018(2) dt.28-01-2019 2/2 antecedent and nothing was recovered from his possession, 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 Special JudgeExcise, Patna, in connection with Special Case No. 4067 of 2017 arising out of Barh P.S. Case No. 208 of 2017. (Anil Kumar Upadhyay, J) Ravi/- U T