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Patna High CourtCR. MISC./38553/2017dismissed

Satyendra Turha v. The State Of Bihar

2017-08-23Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.38553 of 2017 (3) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38553 of 2017 Arising Out of PS.Case No. -8 Year- 2010 Thana -GOVERNMENT OFFICIAL COMP. DistrictBUXAR ====================================================== Satyendra Turha, Son of Late Bharat Turha, Resident of Village - Pakri, P.S. - Dumraon, District - Buxar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Excise Case No. 8(0) of 2010 instituted for the offence under Section 47(A) of the Excise Act.

It has been submitted that the instant case has been filed in the year 2010 and cognizance has been taken in the year 2014. Therefore, this case will not come under the Bihar Prohibition and Excise Act, 2016.

As per written report, huge quantity of country made liquor has been recovered from possession of co-accused Nanhu Sharma and the petitioner is shown as absconder. From the case record, it appears that this case is of the year 2010 and cognizance has been taken in the year 2014. The

Patna High Court Cr.Misc. No.38553 of 2017 (3) dt.23-08-2017 petitioner has been absconding since then.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed off by the court below on the same day in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T