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Patna High CourtCR. MISC./28844/2016rejected

Sanjay Jha @ Sanju v. The State Of Bihar

2016-07-25Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28844 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -RAHIKA District- MADHUBANI ====================================================== Sanjay Jha @ Sanju son of Late Maheshwar Jha, resident of villageRahika, P.S- Rahika, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Rahika P.S. Case No.31 of 2016 registered under Section 290 of the Indian Penal Code and Section 47A of the Excise Act. It is submitted by the learned counsel for the petitioner that the search and seizure made in the present case is completely illegal. The seizure list prepared at the place of occurrence contains the police station case number which would indicate that seizure list is a fabricated document.

Be that as it may, regard being had to the recovery of huge quantity of illicit liquor from the hotel of the petitioner, I am not inclined to grant him pre-arrest bail.

Accordingly, the application preferred under Section 438

Patna High Court Cr.Misc. No.28844 of 2016 (2) dt.25-07-2016 2/2 of the Code of Criminal Procedure is rejected. (Ashwani Kumar Singh, J) Md.S./- U T