Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1451 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== Chandan Singh Son of Late Ram Surat Singh R/O Vill. Sabaura, PS Barauni (Refinery) Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Matihani PS Case No. 143 of 2018 for the alleged offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

In the instant case, total 36 liters of liquor was recovered. Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner. He further submits that seizure list was prepared in violation of the mandatory provisions of Section 100, CrPC. Petitioner has no criminal antecedent and he is in custody since

Patna High Court Cr.Misc. No.1451 of 2019(2) dt.28-01-2019 2/2 25.10.2018.

Considering the fact that petitioner has no criminal antecedent and he has remained in custody since 25.10.2018, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II-cum-Special Judge, Excise, Begusarai in connection with Matihani PS Case No. 143 of 2018.

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