Patna High CourtCR. MISC./26683/2019allowed

Neeraj Sharma 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.26683 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- SIKTI District- Araria ====================================================== NEERAJ SHARMA Son of Gonar Sharma, Resident of Village-Parbatta, P.S.- Kursakanta, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Rita Verma ====================================================== 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. 381 of 2019, arising out of Sikti (Bardaha) P.S. Case No. 32 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and 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 15.300 liters liquor was seized. Learned counsel for the petitioner next contended that mandatory requirements of Provisions of Section 100 Cr.P.C. was not followed in preparation of the seizure-list. Learned counsel for the petitioner submits that petitioner is in

Patna High Court CR. MISC. No.26683 of 2019(2) dt.23-04-2019 2/2 custody since 17.03.2019.

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 2nd Additional Sessions Judge-cum- Special Judge, Excise Act, Araria, in connection with Sikti (Bardaha O.P.) P.S. Case No. 32 of 2019.

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