Md. Amanat Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49441 of 2014 Arising Out of PS.Case No. -85 Year- 2014 Thana -SURSAND District- SITAMARHI =========================================================== Md. Amanat Hussain, S/o Sharafat Hussain, Resident of Village - Ali Patti, P.S.- Jaleshwar District - Mahatasi (Napal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Adv. For the State : Mr. Shailendra Kumar-II, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 09-04-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 6.9.2014 by which the 1st Additional Sessions Judge, Sitamarhi, has refused to release the amount of Rs.63,150/- seized in connection with Sursand P.S. Case No. 85 of 2014.

The case of the Informant is that the Petitioner was arrested with the aforesaid money case on him and it was suspected that it was being carried to allure voters during election time. Considering that the Apex Court has directed Courts not to release such items, the application is allowed. The Court below is directed to get the particulars of each currency noted down and countersigned by the Petitioner and

Patna High Court Cr.Misc. No.49441 of 2014 dt.09-04-2015 2/2 kept as exhibit. The money shall be released on surety and undertaking that the Petitioner will deposit the aforesaid amount if he is convicted and the Court directs him to do so, on his conviction. With this observation, the application stands allowed. (Anjana Prakash, J) S.Ali/- U T