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Patna High CourtCR. MISC./23366/2016disposed

Shekhar Kumar v. The State Of Bihar

2016-05-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23366 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -PUPRI District- SITAMARHI ====================================================== Shekhar Kumar Son of Sri Ravi Ranjan Prasad @ Mohan Ji .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhash Ranjan Thakur, Advocate For the Opposite Party/s : Mr. Jitendra Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 47a of the Excise Act.

Prosecution case is that on 4.4.2016 at 4.00 PM the shop of the petitioner was raided when twenty one cartoons of Beer were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the open area which did not belong to the petitioner and the raid was conducted on the day when complete prohibition was implemented by the State Government. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.23366 of 2016 (2) dt.24-05-2016 2/2 The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Pupari P.S. Case No.55/2016, pending before the learned SDJM, Pupari. With the above observation, this application is, accordingly, disposed off.

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