Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13196 of 2015 Arising Out of PS.Case No. -617 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Santosh Paswan s/o Late Ram Swarup Paswan, r/o Mohalla- Kalhuarwa Dalit Tola, P.S.- Nagar, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 290 of the Indian Penal Code and 47(a) of the Excise Act. It is alleged that from the house of the petitioner 30 liters country made liquor was recovered.

It is submitted by the learned counsel for the petitioner that the recovery is made from the joint family house of the petitioner. The First Information Report was registered on 13.09.2014, but the same reached to the court of learned Chief Judicial Magistrate on 15.09.2014 which suggests that the First Information Report was registered by ante dating. Considering the quantity of recovery, it is a case

Patna High Court Cr.Misc. No.13196 of 2015 (2) dt.31-03-2015 for consideration of prayer of 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 Nagar P.S. Case No. 617 of 2014, pending in the court of learned Chief Judicial Magistrate, East Champaran, Motihari. With this observation this application is disposed of.

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