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Patna High CourtCR. MISC./36008/2018allowed

Vijay Mandal v. The State Of Bihar

2018-06-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36008 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- KURSELA District- Katihar ====================================================== Vijay Mandal, S/o Late Hari Lal Mandal, R/o Kursela Basti, P.S.- Kursela, Distt- Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Sri Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Kursela P.S. Case No. 82 of 2018, under Sections 272, 273 of IPC and 30 (A)37(B) of the Bihar Prohibition and Excise Act,2016.

Learned counsel for the petitioner submits that petitioner was apprehended intoxicated condition. The petitioner is in custody since 20.05.2018. The provisions of Section 100 Cr.P.C. has not been followed in preparation of seizure list. Considering the fact that the petitioner has remained in custody for more than one month and seizure list was not prepared in accordance with the mandatory requirement of Section 100 Cr.P.C., let the petitioner, above named, be enlarged

Patna High Court Cr.Misc. No.36008 of 2018(2) dt.28-06-2018 2/2 on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum- Special Judge (Excise), Katihar in connection with Kursela P.S. Case No.82 of 2018, G.R. No. 2058 of 2018.

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