Deepak Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33502 of 2018 Arising Out of PS. Case No.-183 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ======================================================

1. Deepak Kumar, S/o Vinod Pd. Gupta @ Binod Pd. Gupta

2. Vinod Pd. Gupta @ Binod Pd. Gupta, S/o Late Nathuni Pd., Resident of Mohalla - Janpul Chowk, PS - Motihari Town, District - East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Excise Case No. 183 of 2018 for the offenses punishable under section 30(a) of the Bihar Wine Prohibition and Excise Act 2016. Learned counsel for the petitioners submits that petitioners have no criminal antecedents. He submits that nothing was recovered from the conscious possession of the petitioners. It is submitted that the petitioners were not connected in any manner with the sale and purchase of the liquor. He also submits that in the instant case the mandatory provisions of section 100 of the Cr.PC was not followed in

Patna High Court Cr.Misc. No.33502 of 2018(2) dt.05-06-2018 2/2 preparing the seizure list.

Considering the facts and circumstances discussed herein above let the petitioners, 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 Additional Sessions Judge 2nd Cum Special Judge, Excise, East Champaran, Motihari, in connection with Excise Case No. 183 of 2018.

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