Md Shahrukh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45295 of 2021 Arising Out of PS. Case No.-126 Year-2019 Thana- CHACKMEHSI District- Samastipur ====================================================== MD SHAHRUKH, Son of Md. Jakir, Resident of Village- Chandauli, P.S. Waini (O.P.), District- Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jitendra Kumar Rai, Advocate For the Opposite Party :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The present application has been filed for quashing the order dated 12.04.2021 passed by learned A.D.J.-II-cumSpecial Judge, Excise, Samastipur, in connection with Chakmeshi P.S. Case No. 126 of 2019 (Reg. No.864 of 2019), by which the learned Judge has rejected the discharge application filed by the petitioner.

There is huge recovery of illicit liquor and strong prima facie case is made out against the petitioner. In these circumstances, the application for discharge filed by the

Patna High Court CR. MISC. No.45295 of 2021(2) dt.28-04-2022 2/2 petitioner has been rejected by the Court below. At this stage, this Court will not replace the opinion of the Court below. Accordingly, this quashing petition stands dismissed.

(Sandeep Kumar, J) pawan/- U T