Chandan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46304 of 2016 Arising Out of PS.Case No. -102 Year- 2016 Thana -NAUTAN District- SIWAN ====================================================== Chandan Gupta, Son of Dinanath Gupta, Resident of Village - Kilpur Bania Toli, P.S. - Nautan, District - Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-10-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and 47 of Bihar Excise Act. On secret information that the liquor is being transported from Uttar Pradesh from Maruti car and motorcycle, the Maruti car and motorcycle were intercepted. From the Maruti car country made liquor was recovered. The motorcyclist threw a plastic bag containing liquor and escaped from the scene. The village chaukidar suggested that the petitioner is the person who was driving the motorcycle. It is submitted by learned counsel for the petitioner that the recovery has not been made from the

Patna High Court Cr.Misc. No.46304 of 2016 (2) dt.22-10-2016 2/2 petitioner. Though, the petitioner is accused in other cases but he has never been made accused in Excise Act.

The aforesaid facts constitute ground for consideration of prayer for bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Nautan P.S. Case No. 102 of 2016 pending in the court of learned Additional Chief Judicial Magistrate-XII, Siwan.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T