Munna Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26341 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -MATIHANI District- BEGUSARAI ====================================================== Munna Jha, S/o Late Sudama Jha, Resident of village- Chakaur, P.S.- Matihani, District- Begusarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rai Mukesh Sharma, Mr. Ravinder Kumar, Advocates For the State : Ms. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner and the State.

Petitioner apprehends his arrest in a case filed under Sections 272, 273, 290 of the Indian Penal Code and Section 47 (A) of the Excise Act.

It is contended on behalf of the petitioner that search and seizure and date of first information report being 30.03.2016 would not be covered by the amended Act which was brought into force with respect to the foreign liquor with effect from 05.04.2016. As per the allegation, 23 bottles of foreign liquor was seized on the Verandah of the house of the petitioner. However, it is contended that neither the petitioner was

Patna High Court Cr.Misc. No.26341 of 2016 (2) dt.05-07-2016 2 / 2 apprehended from the spot nor were any persons who were allegedly purchasing foreign liquor were apprehended. The seizure list has not been signed by independent witness rather two member of the raiding party themselves stood as witnesses to the seizure. Though it is contended that copy of the seizure list was handed over to the family member of the petitioner but there is no signature of any family member on the seizure list. Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Matihani P.S. case no.38 / 16, the above named petitioner, Munna Jha shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Begusarai subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Sanjay-II/- U T