Babudhan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37077 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Babudhan Chaudhary, S/o Late Sushil Chaudhary, R/o Village- Gangti, P.S.- Dawath, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Dawath P.S. Case No. 49 of 2018 for the offence under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. The petitioner is in custody since 27.05.2018. Learned counsel submits that the seizure list was not prepared as per the mandatory provision prescribed under Section 100 of Cr.P.C. He further submits that for seizure of liquor from road side, the petitioner cannot be fastened with any accountability.

Considering the fact that the petitioner has remained in custody for nearly one month and he has no criminal antecedent, the petitioner, named above, is directed to be released

Patna High Court Cr.Misc. No.37077 of 2018 (2) dt.28-06-2018 2/2 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 learned 2nd Additional Sessions Judge, Cum-Special Judge Excise, Rohtas, Sasaram in connection with Dawath P.S. Case No. 49 of 2018.

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