Patna High CourtCR. MISC./14587/2015disposed

Sanoj Rajbanshi v. The State Of Bihar

2015-05-11Mr. Justice Dinesh Kumar Singh2 pages

THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14587 of 2015 Arising Out of PS.Case No. -57 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Sanoj Rajbanshi Son of Rajendra Rajbanshi, resident of village Gajara P.s Narhat District Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. Kalyan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section It is alleged that 100 liters of country made liquor and 600 kg of fermented 'mahua' were recovered from the place alleged to belong to the petitioner.

It is submitted by learned counsel for the petitioner that for the alleged recovery seizure was made on 02.11.2010 but the same has been transmitted to the court of learned Chief Judicial Magistrate, Nawada on 19.04.2011 and the alleged place of seizure does not belong to the petitioner. There is no recovery from the possession of the petitioner and for the other seizure Excise Case No. 56 of 2011 was registered and in the

Patna High Court Cr.Misc. No.14587 of 2015 (2) dt.11-05-2015 2/2 same also the place of seizure was not ascertained to be of the alleged accused. Considering the same the accused of Excise Case No. 56 of 2011 has been granted anticipatory bail vide Criminal Miscellaneous No.49369 of 2014. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Excise Case No. 57 of 2011, pending before the learned Chief Judicial Magistrate, Nawada.

With the above observation, this application is, accordingly, disposed off.

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