Patna High CourtCR. MISC./26714/2019allowed

Akash 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.26714 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== AKASH KUMAR Son of Jitendra Mahto @ Jitendra Kumar Mahto Resident of Village - Dalsagar, P.S.- Buxar (Industrial), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== 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.

Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the bail petition during course of the day.

The petitioner is in custody in connection with Buxar (Industrial) P.S. Case No. 32 of 2019, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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 approximately 42 liters liquor was seized. Learned counsel for the petitioner submits that mandatory requirements of provisions of Section

Patna High Court CR. MISC. No.26714 of 2019(2) dt.23-04-2019 2/2 100 Cr.P.C. is not followed in preparation the seizure-list. Learned counsel for the petitioner submits that petitioner is in custody since 04.03.2019.

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 Addl. Sessions Judge II-cum- Special Judge, Excise Act, Buxar in connection with Buxar (Industrial) P.S. Case No. 32 of 2019.

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