Patna High CourtCR. MISC./643/2019allowed

Rajesh Yadav And ANR v. The State Of Bihar

2019-01-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.643 of 2019 Arising Out of PS. Case No.-498 Year-2018 Thana- MUFFASIL District- West Champaran ======================================================

1. Rajesh Yadav, Son of Chandra Yadav, Resident of Village- Nagdahia, P.S.- Bettiah Muffasil, Manuapul, District - West Champaran at Bettiah

2. Shankar Yadav, Son of Budhan Yadav, Resident of Village - Laptahi, P.S.- Bettiah Muffasil Manuapul, District - West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-01-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Bettiah (Muffasil) Manuapul P.S. Case No. 498 of 2018 for the offence under Sections 467, 468, 471, 414 of the Indian Penal Code and Sections 30(a) and 30(b) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and they are in custody since 16.09.2018 in connection with seizure of 10 litres country made liquor. He submits that the seizure list was not prepared as per the mandatory provision prescribed under Section 100 of the Cr.P.C. He submits that the petitioners have not committed any forgery and cheat and not used any forged

Patna High Court Cr.Misc. No.643 of 2019(2) dt.17-01-2019 2/2 document to constitute the offence under Sections 467, 468, 471, 414 of the Indian Penal Code.

Considering the fact that the petitioners have got no criminal antecedent and they are in custody since 16.09.2018, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, West Champaran, Bettiah in connection with Bettiah (Muffasil) Manuapul P.S. Case No. 498 of 2018.

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