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Patna High CourtCR. MISC./36471/2018allowed

Arun Kumar 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.36471 of 2018 Arising Out of PS. Case No.-324 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Arun Kumar Mandal, son of Laxmi Mandal, resident of Village- Gorohare, Ward No. 1, P.S. Forbesganj, District Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Spl. Case No. 526 of 2018 arising out of Forbesganj P.S. Case No. 324 of 2018 for the offence under sections 30(I) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He is in custody since 4.5.2018 and as such he has completed more than one and half months. Learned counsel submits that 21.6 liters of Nepali wine was recovered in the instant case but seizure list was not prepared in accordance with the mandatory provisions of law under section 100 Cr.P.C.

Considering the fact that petitioner has no criminal

Patna High Court Cr.Misc. No.36471 of 2018(2) dt.28-06-2018 2/2 antecedent and has remained in custody for more than one and half months, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Session cum Spl. Judge, Araria, in connection with Forbesganj P.S. Case No. 324 of 2018 corresponding to Spl. Case No. 526 of 2018.

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