Gautam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31760 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== Gautam Paswan, Son of Banwari Paswan, Resident of Village- Rajawar, P.S.- Rajoun, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Excise Complaint Case No. 85 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He is in custody since 08.04.2018. Recovery was not made from the conscious possession of the petitioner and in the preparation of the seizure list mandatory prohibition of Section 100 Cr.P.C. was not followed.

Considering the fact that the petitioner has no criminal antecedent and he has remained in custody for nearly three

Patna High Court Cr.Misc. No.31760 of 2018(2) dt.05-06-2018 2/2 months, let the petitioner, above named, be enlarged 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 II, Banka, in connection with Excise Complaint Case No. 85 of 2018.

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