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Patna High CourtCR. MISC./35632/2015disposed

Rama Shankar Bhagat v. The State Of Bihar

2015-08-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35632 of 2015 Arising Out of PS.Case No. -157 Year- 2014 Thana -ARARIA District- ARRARIA ====================================================== Rama Shankar Bhagat S/O Ramlal Bhagat, resident of village- Hingna Aurahi, P.S.- Simraha, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 47(a) of the Excise Act. 100 sachets each of 400 ml. country made liquor were recovered from a Tempo. The name of the petitioner sprang up on confession of co-accused Mantu Kumar, who suggested that the petitioner runs a liquor shop in partnership with one Sujit Kumar Mehta.

It is submitted by learned counsel for the petitioner that the petitioner had no licence of a liquor shop on the date of the seizure. A certificate to that effect has been issued

Patna High Court Cr.Misc. No.35632 of 2015 (2) dt.20-08-2015 2/2 by the Excise Authority and except confession of the co-accused nothing on the record to suggest the complicity of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Let the learned court below consider the 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 Araria P.S. Case No. 157 of 2014 pending in the court of learned Chief Judicial Magistrate, Araria.

With the aforesaid observation, this application is disposed of.

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