Ramanuj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42107 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- SIGAUDI District- Patna ====================================================== 1.

Ramanuj Yadav, Son of Shiv Janam Yadav, Resident of Village- Chandhaus, P.S.- Sigori, Dist.- Patna.

2.

Udal Chaudhary, Son of Late Shokhi Chaudhary, Resident of Village - Chandhaus, P.S.- Sigori, Dist.- Patna.

3.

Dukhan Chaudhary, Son of Ram Lakhan Chaudhary, Resident of Village - Chandhaus, P.S.- Sigori, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Shekhar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-07-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Special Case No. 4870 of 2019, arising out of Sigori P.S. Case No. 49 of 2019, for the offence under Sections 30(a) and 37(b) (c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and they are in custody since 27.05.2019. He further submits that in the instant case from the house of petitioner no.1, 150 litres of country made liquor was seized, from the house of petitioner no.2, 20 litres of country made liquor was seized and from the house of petitioner no.3, 30 litres of country made liquor was seized. He

Patna High Court CR. MISC. No.42107 of 2019(2) dt.08-07-2019 2/2 further submits that nothing was recovered from the conscious possession of the petitioners. He also 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 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 Special Judge, Excise Act, Patna in connection with Special Case No. 4870 of 2019, arising out of Sigori P.S. Case No. 49 of 2019.

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