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Patna High CourtCR. MISC./38058/2018allowed

Soharai Bind @ Sahrai Bind v. The State Of Bihar

2018-06-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38058 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== SOHARAI BIND @ SAHRAI BIND, son of Dalipan Bind @ Dalpin Bind, resident of village-Gotnaula, P.S.-Ara (Muffasil) District-Bhojpur (Ara) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta For the Opposite Party/s :

Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Ara Mufassil P.S. Case No. 154 of 2018 Excise 839/18 for the offence under section 30(A) Bihar Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has no criminal antecedent and he is in custody since 16.5.2018.

Learned counsel for the petitioner further submits that in the instant case seizure was not prepared in accordance with mandatory provision of Section 100 Cr.P.C. and in fact nothing was recovered from the possession of this petitioner. Considering the fact that petitioner has no criminal antecedent and he has remained in custody since 16.5.2018, let

Patna High Court Cr.Misc. No.38058 of 2018(2) dt.29-06-2018 2/2 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, Bhojpur at Ara , in connection with Ara Muffasil Case No. 154 of 2018, Excise Case No. 839 of 2018. (Anil Kumar Upadhyay, J) Ravi/- U