Rajesh Kumar Pandey @ Rajesh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26716 of 2019 Arising Out of PS. Case No.-176 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== RAJESH KUMAR PANDEY @ RAJESH PANDEY Son of Late Vijay Pandey Resident of Village - Dhorhan Sultanpur, P.S.- Raghunathpur, DistrictSiwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== 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 Raghunathpur P.S. Case No. 176 of 2018, registered for the offence punishable under Sections 414, 272, 273, 308 of the Indian Penal Code and Section 30 (A), 38 (A) and 41 (i) 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 instance case total 392.280 liters liquor was seized. Learned counsel for the petitioner submits that petitioner was not arrested at spot. Learned counsel for the petitioner next contended that mandatory requirements of
Patna High Court CR. MISC. No.26716 of 2019(2) dt.23-04-2019 2/2 provisions of Section 100 Cr.P.C. is not followed in preparation of the seizure-list. Learned counsel for the petitioner would submit that petitioner has surrendered on 3.4.2019. 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 is directed to 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 A.D.J. IInd-Cum- Special Judge, Excise Act, Siwan in connection with Raghunathpur P.S. Case No. 176 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T