Biku Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33540 of 2018 Arising Out of PS. Case No.-336 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== Biku Paswan, S/o Ladulal Paswan, Resident of Village - Kali Mungra, Ward No. 3, P.S. Kishanpur, district - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary For the Opposite Party/s :

Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Misc. Excise Case No. 336 of 2018 / P.R. No. 08 of 2018 for the offenses punishable under section 30(a) of the Bihar Excise and Prohibition Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and is in custody since 23.04.2018.

Learned counsel for the petitioner submits that the seizure list was prepared in violation of mandatory provision of section 100 of the Cr.P.C. He further submits that the petitioner, who was simply passer by, was made accused in this case on

Patna High Court Cr.Misc. No.33540 of 2018(2) dt.05-06-2018 2/2 suspicion. He has no concern with the seized liquor. Considering the aforesaid, 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 Additional District and Sessions Judge 2nd cum Special Judge (Excise) Supaul, in connection with Misc. Excise Case No. 336 of 2018/P.R No. 08 of 2018.

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