Shiv Dani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36415 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Patna ====================================================== Shiv Dani Kumar, Son of Munni Chauhan, resident of Village- Govindpur Chauhan Tola, P.S. Phulwari Sharif, Dist.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Spl. Case No. 3198 of 2018 arising out of P.R. No.01/18 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 4.4.2018 and as such he has completed more than two and half month. Learned counsel submits that search and seizure was not made as per mandatory provision of law. The alleged liquor was not seized from the conscious possession but it was hidden in the house of the petitioner.

Considering the fact that petitioner has no criminal

Patna High Court Cr.Misc. No.36415 of 2018(2) dt.28-06-2018 2/2 antecedent and he has remained in custody for more than two and half months, let the petitioner, named above, 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 learned Special Judge Excise, Patna , in connection with Spl. Case No. 3198 of 2018, arising out of Phulwari Sharif P.S. P.R. Case No. 01 of 2018.

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