Kamlesh Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36760 of 2018 Arising Out of PS. Case No.-178 Year-2018 Thana- MINAPUR District- Muzaffarpur ======================================================

1. Kamlesh Rai S/o Late Sant Rai, resident of Village- Muksudpur, P.S.- Minapur, District- Muzaffarpur.

2. Lakindar Rai S/o Late Kishori Rai, resident of Village- Olipur, P.S.- Runnisaidpur, District Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Minapur P.S. Case No. 178 of 2018 for the offense under Sections 401, 414, 34 of the IP.C. & 28 Arms Act 37 (a)/ 37(b) Bihar Prohibition a& Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioners have no criminal antecedent. They were apprehended by the police in a drunken condition. He submits that the petitioners have remained in custody since 28.04.2018 and they have completed more than two months. He further submits that the seizure list was not prepared in accordance with mandatory requirement of Section 100 of the Cr.P.C.

Considering the fact that the petitioners have

Patna High Court Cr.Misc. No.36760 of 2018(2) dt.28-06-2018 2/2 remained in custody for more than two months and they have no criminal antecedent, let 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 Special Judge, Excise Act, Muzaffarpur in connection with Minapur P.S. Case no. 178 of 2018. (Anil Kumar Upadhyay, J) banti/T.Kr U T