Patna High CourtCR. MISC./26688/2019allowed

Bikash Kumar @ Vikash 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.26688 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- WARISNAGAR District- Samastipur ====================================================== BIKASH KUMAR @ VIKASH KUMAR Son of Arjun Ray Resident of Village- Bhagi Mannipur, P.S.- Warisnagar, 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.Nand Kumar ====================================================== 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 Warisnagar (Mathurapur O.P.) P.S. Case No. 52 of 2019, 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 176 liters 37 ml liquor was seized. Learned counsel for the petitioner submits that recovery was made from the house of Chandan Kumar. Learned counsel for the petitioner next contended that mandatory requirements of Provisions of Section 100 Cr.P.C. was not followed in the preparation of seizure-list. Learned

Patna High Court CR. MISC. No.26688 of 2019(2) dt.23-04-2019 2/2 counsel for the petitioner submits that petitioner is in custody since 07.03.2019.

Considering the fact that 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 Additional Sessions Judge IInd-Cum- Special Judge, Excise Act, Samastipur, in connection with Warisnagar (Mathurapur O.P.) P.S. Case No. 52 of 2019.

(Anil Kumar Upadhyay, J) T.Kr./- U T