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Patna High CourtCR. MISC./28149/2019allowed

Panchu Rai @ Pachu Ray v. The State Of Bihar

2019-04-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28149 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Panchu Rai @ Pachu Ray, S/O Late Bhagwan Ray 2.

Sintu Rai @ Sintu Kumar, S/O Pachu Ray @ Panchu Rai, Both Residents of Village- Mahudai, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Excise Case No. 600 of 2019, arising out of Koilwar P.S. Case No. 94 of 2019, for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 414 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and they are in custody since 20.03.2019. He further submits that in the instant case total 130 litres of Mahua liquor was seized. He submits that the seizure list was not prepared as per the mandatory provision prescribed under Section 100 of the Cr.P.C.

Considering the fact that the petitioners have got no

Patna High Court CR. MISC. No.28149 of 2019(2) dt.29-04-2019 2/2 criminal antecedent, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IV-cumSpecial Judge, Excise Act, Bhojpur at Ara in connection with Excise Case No. 600 of 2019, arising out of Koilwar P.S. Case No. 94 of 2019.

(Anil Kumar Upadhyay, J) uday/- U T