Patna High CourtCR. MISC./26183/2020allowed

Abhinash Kumar Singh v. The State Of Bihar

2020-10-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26183 of 2020 Arising Out of PS. Case No.-238 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== ABHINASH KUMAR SINGH Son of Madho Singh Resident of Village and Post Office- Kulharia, P.S.- Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Nayan Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody in connection with Koilwar P.S.Case No.238 of 2020 for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner would submit that in the instant case there is total recovery of 97.5 liters of foreign liquor. He further submits that mandatory provision of Section 100 of the Cr.P.C. was not followed in preparation of seizure list. Petitioner is in custody since 14.06.2020. He further submits that the petitioner is preparing for the competitive examination and recovery was made from the un-constructed house which is outside the village.

Patna High Court CR. MISC. No.26183 of 2020(2) dt.13-10-2020 2/2 Considering the aforesaid, the Court is inclined to grant bail to the petitioner named above subject to the condition that the petitioner shall deposit Rs.25,000/- cash in the court below and on deposit of Rs.25,000/- the court below shall release the petitioner on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge, Excise, Bhojpur, Ara in connection with Excise Case No.834 of 2020 arising out of Koilwar P.S.Case No.238 of 2020.

The amount of Rs.25,000/- deposited by the petitioner shall abide by final outcome of the pending criminal case. (Anil Kumar Upadhyay, J) B.Kr./- U T