Shatrudhan Prasad @ Shaturdhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34281 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- KHAGAUL District- Patna ====================================================== Shatrudhan Prasad @ Shaturdhan Kumar, aged about 30 years (Male), S/o Khurkhur Prasad Resident of Chhoti Baldalpura, P.S.- Khagaul, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Madhya Nisedh and Excise Amendment Act, 2018. There is allegation of recovery of 11 liters of foreign liquor from three motorcycles, which were parked in front of the house of the petitioner, whereas 2.88 litres of foreign liquor has been seized from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner is not concerned with the seized liquor and the house in question is joint possession of all the family members and there is no recovery from the conscious possession of the

Patna High Court CR. MISC. No.34281 of 2019(2) dt.27-05-2019 2/2 petitioner and he has no criminal antecedent. The mandatory provision under Section 100 Cr.P.C. has not been followed at the time of seizure.

Considering the facts of the case, let the petitioner, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Patna in Special Case No. 3368 of 2019 (arising out of Khagaul P.S. Case No. 81 of 2019), subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) shashi/- U T