Dhurendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10452 of 2016 Arising Out of PS.Case No. -313 Year- 2015 Thana -MASRAKH District- SARAN ====================================================== Dhurendra Rai Son of Late Ram Nand Rai resident of village - Maghari, Police Station - Bhagwanpur, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parijat Saurav, Adv. For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and 47(a) of the Excise Act. The prosecution case is that the petitioner being the salesman of a composite liquor shop of one Gyanti Devi, stored country made liquor to the extent of 23.60 litres behind the shop of Gyanti Devi which was sealed earlier by the officials of Excise Department.

It is submitted by learned counsel for the petitioner that the recovery has been made from the bush, hence it cannot be treated to be recovered from the possession of the petitioner. A statement has been made in para 3 of the petition that the

Patna High Court Cr.Misc. No.10452 of 2016 (2) dt.08-03-2016 2/2 petitioner has no criminal antecedent.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Masrakh P. S. Case No. 313 of 2015 pending in the court of learned ACJM-VIII, Saran at Chapra. Accordingly, the application is disposed of.

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