Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80334 of 2018 Arising Out of PS. Case No.-188 Year-2018 Thana- FULKAHA District- Araria ====================================================== Sanjay Yadav Son of Devi Kishun Yadav @ Devavishun Yadav, Resident of Village- Mirzapur, P.S.- Fulkaha, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

.Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Fulkaha PS Case No. 188 of 2018 for the alleged offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

In the instant case, total 18 liters of country made liquor was seized. Learned counsel appearing for the petitioner submits that petitioner has no criminal antecedent. He further submits that petitioner is in custody since 19.11.2018. He further submits that mandatory provision of Section 100, CrPC was not followed at the time of preparation of the seizure list. Considering the fact that petitioner has no criminal

Patna High Court Cr.Misc. No.80334 of 2018(2) dt.28-01-2019 2/2 antecedent and he is in custody since 19.11.2018, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Addl. Sessions Judge-cum-Special Judge, Araria in connection with Special Case No. 1453/18 arising out Fulkaha PS Case No.188 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T