Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39550 of 2018 Arising Out of PS. Case No. -150 Year- 2018 Thana -MALSALAMI District- PATNA ====================================================== Vijay Ray, son of Jyotindra Ray, resident of village - Damrahi Ghat, Police Station - Malsalami and District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No.2, Advocate For the Opposite Party/s : Mrs. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Malsalami P.S. Case No. 150 of 2018 for the offence under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 23.05.2018. He further submits that nothing was recovered from the conscious possession of the petitioner. Learned counsel submits that the seizure list was not prepared as per the mandatory provision prescribed under Section 100 of Cr.P.C.

Considering the fact that the petitioner is in custody since 23.05.2018 and nothing has been recovered from his conscious possession, the petitioner, named above, is directed to

Patna High Court Cr.Misc. No.39550 of 2018 (2) dt.09-07-2018 2/2 be released on bail after 23.07.2018 on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in connection with Malsami P.S. Case No. 150 of 2018. (Anil Kumar Upadhyay, J) Uday/- U T