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Patna High CourtCR. MISC./10115/2015disposed

Shashi Kant Yadav And ANR v. The State Of Bihar

2015-03-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10115 of 2015 Arising Out of PS.Case No. -5 Year- 2013 Thana -RIVILGANJ District- SARAN ======================================================

1. Shashi Kant Yadav

2. Upendra Rai Both above are sons of Late Shivji Rai resident of village- Sengar Tola, Police Station- Revelganj, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Binod Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 47(a) and 47(f) of the Excise Act.

It is alleged that 200 K.gs of fermented mahua was recovered from the embankment of Saryug river. It was learnt that the petitioners were running the business of manufacturing country made liquor.

It is submitted by the learned counsel for the petitioners that the place from where mahua was seized does not belong to the petitioners, nor there is any material on the record to suggest that the said place was taken on rent by these petitioners or being used by the petitioners. The aforesaid facts constitute a ground for

Patna High Court Cr.Misc. No.10115 of 2015 (2) dt.12-03-2015 consideration of prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Revelganj P.S. Case No. 05 of 2013, pending in the court of learned Chief Judicial Magistrate, Chapra.

With this observation this application is disposed of.

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