Malamu Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27605 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- DINARA District- Rohtas ====================================================== Malamu Khalifa Son of Jabbar Khalifa Resident of Village - Bhanas, P.S.- Dinara (Bhanas), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Dinara P.S. Case No. 70 of 2019 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

In the instant case total 290.520 liters of liquor was seized.

Learned counsel submits that recovery was not made from the possession of the petitioner. He submits that mandatory provision of Section 100 Cr.P.C. was not followed in preparation of seizure list.

The petitioner is in custody since 3.3.2019.

Patna High Court CR. MISC. No.27605 of 2019(2) dt.26-04-2019 2/2 Considering the fact that petitioner has no criminal antecedent and nothing was recovered from the conscious possession of the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional District and Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Dinara P.S. Case No. 70 of 2019. (Anil Kumar Upadhyay, J) Ravi/S. Shukla U T