Patna High CourtCR. MISC./36004/2018allowed

Dinesh Paswan And ANR v. The State Of Bihar

2018-06-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36004 of 2018 Arising Out of PS. Case No.-151 Year-2018 Thana- BAHADURGANJ District- Kishanganj ======================================================

1. Dinesh Paswan, Son of Late Banai Paswan, Resident of VillageBenibad, P.S.- Gayghat,

2. Rajan Kumar, Son of Rakesh Kumar, Resident of Village & P.S.- Bochaha, Both of District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and learned learned Additional Public Prosecutor for the State. The petitioners are in custody in connection with Bahadurganj P.S. Case No. 151 of 2018 (Special Case No. 146 of 2018) for the offences under Section 30 (A) of the Bihar Prohibition and Excise Act,2016.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent. Petitioner No. 1 is a driver and petitioner No. 2 is a passenger. They are neither owner of the vehicle nor the owner of the liquor kept in the vehicle. The seizure list was not prepared in accordance with the mandatory requirement of Section 100 Cr.P.C. No any independent person was made seizure list witness.

Patna High Court Cr.Misc. No.36004 of 2018(2) dt.28-06-2018 2/2 Considering the fact that petitioners have no criminal antecedent and they disown the ownership of the vehicle as well as liquor, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II- cum- Special Judge (Excise Act), Kishanganj in connection with Bahadurganj P.S. Case No. 151 of 2018 (Special Case No. 146 of 2018).

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