Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22707 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -MADANPURA District- AURANGABAD ====================================================== Rajesh Singh, son of Ganesh Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s : Mr. Amendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 47a of the Excise Act. On secret informant that the petitioner indulged in selling of country made liquor, a raid was led leading to recovery of 35 litres 'mahua', five litres country made liquor and 250 litres fermented 'mahua'.

It is submitted by learned counsel for the petitioner that it is an error or record in the impugned order while recording the recovery has been made from the conscious possession of the petitioner. There is nothing on record to suggest that the place of seizure belongs to the petitioner. A

Patna High Court Cr.Misc. No.22707 of 2016 (2) dt.20-05-2016 2/2 statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute 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 Madanpur P.S. Case No.29/2016, pending before the learned CJM, Aurangabad. With the above observation, this application is, accordingly, disposed off.

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