Mahesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29422 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- BHITAHA District- West Champaran ====================================================== Mahesh Ram aged about 32 years Son Of Sri Laxman Ram Resident Of Village- Khairwa (Khairwa Bazaar), P.S.- Bhitaha, District- West Champaran. ... ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Umesh Chandra Verma, Advocate For the Opposite Party :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.
Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.
4.5 liters of foreign liquor is said to have been recovered from the hut of the petitioner.
Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. He further submits that from the seizure list itself it appears that the recovery has been made from an abandoned hut situated at the outskirt of the village and the same does not mention name of the petitioner. The mandatory provision of law for search and seizure given under section 100 Cr.P.C. has not been followed. Petitioner has got no criminal antecedent.
Considering the facts of the case, in the event of arrest/surrender, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with
Patna High Court CR. MISC. No.29422 of 2020(2) dt.15-12-2020 2/2 two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, West Champaran, Bettiah in Bhitaha Police Station Case No. 38 of 2020 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T