Loha Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54472 of 2018 Arising Out of PS.Case No. -240 Year- 2018 Thana -ATRI District- GAYA ======================================================

1. Loha Chaudhary S/o Badho Chaudhary, R/o Village- Sarsu Matha, P.S.- Atri, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Atri P.S. Case No.240/2018 for the offence registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. The petitioner was apprehended on 16.07.2018. He further submits that seizure was not done in accordance with mandatory provision of Section 100 of the Cr. P.C. He submits that the petitioner has no concern with the seized two litres of country made liquor recovered from the joint family house and as such the petitioner deserves bail. Considering the totality of the facts and circumstances

Patna High Court Cr.Misc. No.54472 of 2018 (2) dt.20-09-2018 2/2 of the case, let the petitioner named above is directed to be released on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Atri P.S. Case No.240/2018.

(Anil Kumar Upadhyay, J) Amit/-R.S.Sen U T