Sonu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34830 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- GOH District- Aurangabad ====================================================== SONU BIND S/o Pradeep Bind Resident of village Rajapur P.S. Goha, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2019 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 Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case in short is that 5 liters of Mahua liquor has been recovered from Mahavir Asthan of village Rajapur. Petitioner has been named by the co-accused who was arrested on the spot.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He submits that the recovery is from a public place and not from petitioner's physical possession. Provision of section 100 of the Cr.P.C. has not been followed in course of search and seizure in question.

Patna High Court CR. MISC. No.34830 of 2019(2) dt.29-05-2019 2/2 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 Additional Sessions Judge VII cum Special Judge, Excise, Aurangabad in Goh Police Station Case No. 64 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 co-operate 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