Birendra Yadav @ Birendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2627 of 2016 Arising Out of PS.Case No. -115 Year- 2015 Thana -KHUTAUNA District- MADHUBANI ======================================================

1. Birendra Yadav @ Birendra Kumar Yadav S/o Late Rasindra Yadav Resident of Village - Jhanjhpatti Asha, P.S. - Khutauna, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under section 47(a) of the Excise Act.

It is alleged that 48 sachets of 400 ml each containing country made liquor were recovered from the motorcycle when the owner of the motorcycle fled away. The person who was fleeing was identified as the petitioner. It is submitted by the learned counsel for the petitioner that till date it has not been ascertained that the motorcycle was registered in whose name. Statement has been

Patna High Court Cr.Misc. No.2627 of 2016 (2) dt.18-01-2016 2/2 made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the quantity of recovery, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Khutauna P.S. Case No. 115 of 2015 pending in the court of learned JM Ist Class, Jhanjharpur, Madhubani.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T