Upendra Mahton @ Upendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13446 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ====================================================== Upendra Mahton @ Upendra Prasad Son of late Ram Prasad Mahton@ Prakash Mahton .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 20(a)(b) of the NDPS Act and 47A of the Excise Act.

It is alleged that from the house of the petitioner 39 bottles of foreign liquor, 110 pouches of country made liquor and 20 kg and 500 gms ganja were recovered.

It is submitted by learned counsel for the petitioner that recovery has been made from the joint family house and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the nature of recovery, this Court is not inclined to grant anticipatory bail to the petitioners.

Patna High Court Cr.Misc. No.13446 of 2015 (2) dt.06-05-2015 2/2 Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Sheikhpura P.S. Case No.62 of 2014, pending before the District and Sessions Judge, Lakhisarai.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T