Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28136 of 2019 Arising Out of PS. Case No.-412 Year-2018 Thana- PIRO District- Bhojpur ====================================================== Rakesh Kumar, Son of Ayodhya Prasad Keshari @ Ayodhya Prasad, Resident of Mohalla - Jawala Market, Ward No. 10, Piro, P.S.- Piro, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Piro P.S. Case No. 412 of 2018 for the offence under Sections 4/5 of the Explosive Substance Act and Section 379 of the Indian Penal Code.

Allegation against the petitioner is that from his godown incriminating articles were seized.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 22.12.2018. He submits that the seizure list was not prepared as per the mandatory provision prescribed under Section 100 of the Cr.P.C. and the materials seized from the Godown of the petitioner does not constitute any offence for the offence under Section 4 of the Explosive Substance Act.

Patna High Court CR. MISC. No.28136 of 2019(2) dt.29-04-2019 2/2 Considering the fact that the petitioner has got no criminal antecedent and he has remained in custody for more than four months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bhojpur, Ara in connection with Piro P.S. Case No. 412 of 2018. (Anil Kumar Upadhyay, J) uday/- U T