Bhola Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22738 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHUBANI ====================================================== Bhola Prasad, Son of Late Bhagwan Prasad, Resident of village - Bhairva Brahma Asthan, P.S. - Bisfi, District - Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-05-2016 Heard learned counsels for the petitioner and the State.

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

The prosecution case is that from the godown of the petitioner 102.560 litres of country made and Indian made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. The godown does not belong to the petitioner. Moreover, the case was instituted prior to the recent amendment in the Bihar Excise Act.

Patna High Court Cr.Misc. No.22738 of 2016 (2) dt.20-05-2016 2/2 A 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 by the learned court below, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with G.O. P.S. Case No. 25 of 2016 pending in the court of learned Additional Chief Judicial Magistrate, Benipatti. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T