Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39574 of 2017 Arising Out of PS.Case No. -435 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Arvind Kumar Son of Shankar Bharti R/o Village- Mohan Bigha Viyapar Mandal, P.S.- Dehri (T), Distt. Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Dehri (T) P.S. Case No. 435 of 2017 for offences punishable under Sections 30(a), 38(i) (2), 41(i) (2) of the Bihar Prohibition and Excise Act. The prosecution case, as lodged by the police personnel, is that on secret information the house of the petitioner was searched and 10.2 liters of country made wine was recovered. Accordingly, the seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that the

Patna High Court Cr.Misc. No.39574 of 2017 (4) dt.03-10-2017 2/2 seizure list has not been prepared in accordance with Section 100 Cr.P.C. and he is languishing in judicial custody since 17.06.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 A.D.J.-II, Sasaram, District-Rohtas in connection with Dehri (T) P.S. Case No. 435 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T