Umesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52502 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -MAHESI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Umesh Chaudhary Son of Ram Vilash Chaudhary Resident of VillageMehsi,Police Station- Mehsi, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 4.

28-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Mehsi P.S. Case No. 82/2018 registered for the offence punishable under Sections 30(a), 37(a) & 38 of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that on information received the police party went to search the house of one Mukhlal Mahto who escaped but then the police entered into the house of this petitioner and allegedly recovered six liters of kinwit Tari in the Plastic Mug and four Glasses. Learned counsel for the petitioner submits that the petitioner has been falsely involved in this case as the seizure list itself has not been prepared in compliance of Section 100 Cr.P.C. which is mandatory in nature. There is no sign either of the petitioner nor family member of the petitioner in the seizure list. It is further submitted that the petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.52502 of 2018 (4) dt.28-09-2018 On the other hand, learned Additional Public Prosecutor for the State submits that the petitioner is involved in sale of Tari, and as per order of the learned Sessions Judge, this petitioner is an accused in Mehsi P.S. Case No. 67/2017. Considering the facts and circumstances of the case this court while directing the release of the petitioner on bail on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand only) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge cum Special Judge (Excise), East Champaran, Motihari, in connection with Mehsi P.S. Case No.

82/2018, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure, would also direct the learned court below to verify as to whether the petitioner is an accused in Mehsi P.S. Case No. 67/2017, and in case, it is found that he is an accused in the said case, the release order shall be issued only after he obtains bail in the previous case. This application is allowed in terms stated hereinabove.

(Rajeev Ranjan Prasad, J) Rajeev/- U T