Hari Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10767 of 2016 Arising Out of PS.Case No. -147 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Hari Kishore Sah son of Late Rajendra Sah, Resident of Village- Marhalla, P.S.- Taryani, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 47(a) of the Excise Act. One person was seen carrying a cartoon with plastic bag. On chase he escaped from the scene and from a cartoon 14 litres of country made liquor and 51⁄2 litres of foreign liquor were recovered. Chaukidar and the local people identified the escaped person as the petitioner.

It is submitted by learned counsel for the petitioner that the recovery cannot be treated from the possession of the petitioner and only on suspicion the accusation has been

Patna High Court Cr.Misc. No.10767 of 2016 (2) dt.14-03-2016 2/2 levelled. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Tariyani P.S. Case No. 147 of 2015 pending in the court of learned Additional Chief Judicial Magistrate, Sheohar.

With the aforesaid observation, this application is disposed of.

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