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Patna High CourtCR. MISC./39536/2018allowed

Jitendra Chaudhary v. The State Of Bihar

2018-07-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39536 of 2018 Arising Out of PS. Case No. -46 Year- 2018 Thana -AMBA District- AURANGABAD ====================================================== Jitendra Chaudhary, Son of Santan Chaudhary, Resident of Village Daroga Bigha, P.S. Amba, District - Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Amba P.S. Case No. 46 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that in the instant case 10 litres Mahua liquor was recovered. The petitioner is in custody since 05.06.2018. Learned counsel submits that the seizure list was not prepared as per the mandatory provision prescribed under Section 100 of Cr.P.C.

Considering the quantity of liquor and also the fact that the petitioner has remained in custody for more than one month, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.39536 of 2018 (2) dt.09-07-2018 2/2 learned Additional District and Sessions Judge-VII- Cum- Special Judge (Excise), Aurangabad in connection with Amba P.S. Case No. 46 of 2018.

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