Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7315 of 2017 Arising Out of PS.Case No. -55 Year- 2016 Thana -PUPRI District- SITAMARHI ====================================================== Shekhar Kumar, Son of Shri Ravi Ranjan Prasad @ Mohan Ji, Resident of Village- Raj Bagh, Ward No.8, Janakpur Road, P.S.- Pupri, DistrictSitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate Mr. Ansul, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-05-2017 Heard learned counsel for the petitioner and the State.

The present application has been filed for quashing the First Information Report of Pupri P.S. Case No. 55 of 2016 registered under Section 47(a) of the Excise Act. Learned counsel for the petitioner submits that the FIR was registered on 04.04.2016 one day prior to coming into force of Bihar Excise Amendment Act, 2016. Moreover, the recovery was made from a licensee liquor shop but maliciously recovery has shown from the mutton shop of the petitioner situated in the same premises.

Considering the fact that on conclusion of the

Patna High Court Cr.Misc. No.7315 of 2017 (2) dt.23-05-2017 2/2 investigation final form (charge sheet) has been submitted, this Court is not inclined to interfere at this stage. Accordingly, this application is disposed of with liberty to the petitioner to raise all the contentions at appropriate stage of the proceeding.

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