Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41129 of 2018 Arising Out of PS. Case No.-350 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Ajay Kumar S/o Sunil Kumar @ Sunil Kumar Sah, R/o Vill.- Sanhauli, P.S.- Chitraguptanagar, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-07-2018 Heard the learned counsel for the petitioner and State. The petitioner is in custody in connection with Khagaria (Chtragupta Nagar) P.S. Case No. 350 of 2018 for the offence under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody in connection with seizure of 54 liters liquor. He further submits that nothing was recovered from the possession of the petitioner, it was recovered from Hundai Accent Car. Learned counsel submits that in the custody, the mandatory requirement of Section 100 Cr.P.C. was not followed. Petitioner is in custody since 29.05.2018.

Considering the fact that the petitioner has no criminal

Patna High Court Cr.Misc. No.41129 of 2018(2) dt.11-07-2018 2/2 antecedent, 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 learned Additional Sessions Judge-I-cumSpecial Judge, Excise, Khagaria, in connection with Khagaria (Chitragupta Nagar) Case No. 350 of 2018.

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