Bhola Surhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39602 of 2018 Arising Out of PS. Case No.-209 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Bhola Surhi Son of Krishna Sah Resident of Village Nathmalpur, P.S. Barahara, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Prasad Gupta For the Opposite Party/s :

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Barahara P.S. Case No. 209 of 2018 for the offence under section 30(a) Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has been arrested in the instant case in connection with seizure of 39 liters of liquor.

Learned counsel submits that mandatory provision of Section 100 Cr.P.C. was not followed in the matter of preparation of seizure list. He further submits that petitioner is in custody since 25.5.2018.

Considering the fact that petitioner is in custody since 25.5.2018 and nothing was recovered from the personal

Patna High Court Cr.Misc. No.39602 of 2018(2) dt.09-07-2018 2/2 possession of the petitioner, let the petitioner, named above, be enlarged on bail after 25.07.2018 on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise, Bhojpur at Ara, in connection with Barahara P.S. Case No. 209 of 2018, Excise Case No. 904 of 2018.

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