Kamlesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47745 of 2016 Arising Out of PS.Case No. -636 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Kamlesh Kumar Singh son of Late Ranjit Prasad Singh, Resident of Village- Rampur Dudhari, Police Station- Banka, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Om Prakash Singh For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-11-2016 Heard the Counsel for the petitioner the APP for the State.

Petitioner apprehends his arrest in Banka P.S. Case No. 636 of 2016 registered under Section 47E of the Excise (Amendment) Act, 2016.

The police got information that the petitioner was clandestinely dealing with the sale of liquor. A search was conducted on the house of the petitioner wherefrom 350 kg. of Mahua, stored in can, was recovered.

Contention of the petitioner is that he is a farmer and his orchard has many Mahua trees. Petitioner has no criminal antecedent.

In my view, the petitioner should surrender and pray for bail.

Patna High Court Cr.Misc. No.47745 of 2016 (2) dt.19-11-2016 2/2 While rejecting the application, the application is disposed of observing that if the petitioner surrenders and prays for bail, the same shall be considered on its own merit uninfluenced by the present order.

(Kishore Kumar Mandal, J) Pankaj/- U T