Patna High CourtCR. MISC./6450/2016disposed

Pappu Singh And ANR. v. The State Of Bihar

2016-02-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6450 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Pappu Singh Son of Hirday Narayan Singh@Sant Bilash Singh

2. Suresh Pandey son of Doma Pandey Resident of Village Dahrak, P.s Ramgarh, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2016 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 47A of the Excise Act.

The prosecution case is that 30 liters of mahua liquor was recovered from the brick kiln of petitioner no. 1, whereas petitioner no. 2 was the Manager of petitioner no. 1. It is submitted by the learned counsel for the petitioners that seizure reflects that the informant was not sure that the seized material is actually mahua liquor as the seizure and the First Information Report reflect that the mahua liquor like liquid has been seized. Statement has been made in para-3 of the petition that petitioners have no criminal

Patna High Court Cr.Misc. No.6450 of 2016 (2) dt.11-02-2016 antecedent.

Considering the quantity of recovery, when the petitioners were not present at the place of seizure, it is a case for consideration of prayer for regular bail, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Ramgarh P.S. Case No. 09 of 2016, pending in the court of learned Chief Judicial Magistrate, Kaimur at Bhabua.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T