Krishna Mallik @ Krishna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7131 of 2016 Arising Out of PS.Case No. -243 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Krishna Mallik @ Krishna Prasad S/o Late Kanchan Mallik R/o Ahirwa Tola Dompatti, P.S. Raxaul (Haraiya) District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Ajay Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 47A of the Excise Act. The prosecution case is that from the house of petitioner 700 liters of country made liquor was recovered. It is submitted by the learned counsel for the petitioner that from the prosecution case it does not appear that seized material was sent for chemical examination. The recovery made from the joint family house of the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

The aforesaid facts constitute ground for

Patna High Court Cr.Misc. No.7131 of 2016 (2) dt.17-02-2016 consideration of prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Raxaul P.S. Case No. 243 of 2015, pending in the court of learned SubDivisional Judicial Magistrate, Raxaul at Motihari, East Champaran.

With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T