Shyam Pandit v. The State Of Bihar

Patna High Court Cr.Misc. No.53119 of 2016 (2) dt.08-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53119 of 2016 Arising Out of PS.Case No. -128 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Shyam Pandit son of Sri Agnu Pandit, Resident of Village- Bharso, P.S.- Singhiya, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 47(a) and 57 of the Bihar Excise (Amendment) Act, 2016 and Section 30(Ka)/38(1)(2)41(1) of the Bihar Prohibition and Excise Act. From the house of this petitioner, huge quantity of liquor was recovered.

Submission of the petitioner is that petitioner has got no criminal antecedent and has falsely been implicated in this case.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail under Section 438 Cr.P.C. in connection with Singhiya Police Station Case No. 128 of 2016

Patna High Court Cr.Misc. No.53119 of 2016 (2) dt.08-12-2016 pending in the court of learned Additional Chief Judicial Magistrate-V, Rosera. Hence, prayer is refused. (Birendra Kumar, J) kundan/- U T