Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54976 of 2018 Arising Out of PS. Case No.-23 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Suresh Yadav S/o Sri Mamila Yadav, R/o Vill.- Amawa, Ahir Tola, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The petitioner is in custody in connection with Excise Case No. 23 of 2013 for the offence under Section 47(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that in the instant case the petitioner was arrested in connection with seizure of 105 liters of country made liquor. Learned counsel for the petitioner submits that he has been falsely implicated in the case on account of dirty village politics and due to inimical terms with the Mukhiya of the Panchayat. He submits that seizure was not in accordance with the mandatory provision of Section 100 Cr.PC and the seizure list witnesses are residing at a

Patna High Court Cr.Misc. No.54976 of 2018(2) dt.28-09-2018 2/2 distance of 18 kilometers from the alleged place of occurrence. The petitioner is in custody since 14.05.2018. Considering the fact that the petitioner is in custody since 14.05.2018, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each after 21.10.2018 to the satisfaction of the Special Judge,Excise, Bettiah in connection with Excise Case No. 23 of 2013. (Anil Kumar Upadhyay, J) mrl./- U