Patna High CourtCR. MISC./26738/2019allowed

Manish Kumar v. The State Of Bihar

2019-04-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26738 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ====================================================== MANISH KUMAR Son of Late Dinesh Rai, R/o Belouri, P.S.- Sadar Purnea, District- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarveshwar Tiwary For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Special Case No. 251 of 2018, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that in the instant case total 27 liters liquor was seized. Learned counsel for the petitioner submits that petitioner has no concern with the seized liquor. Learned counsel for the petitioner next contended that mandatory requirements of provisions 100 Cr.P.C. was not followed in the

Patna High Court CR. MISC. No.26738 of 2019(2) dt.23-04-2019 2/2 matter of preparation of seizure list. Learned counsel for the petitioner submits that petitioner is in custody since 6.10.2018. Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner. Let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.D.J.IInd -cum- Special Judge, Excise, Act, Kishanganj, in connection with Special Case No. 251 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T