Motilal Yadav v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37034 of 2013 ====================================================== Motilal Yadav Son Of Tulsi Yadav Resident Of Village - Kharauni Birti Tola, P.S. - Mirganj, District - Gopalganj .... .... Petitioner/s
Versus
The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 24-12-2013 Heard learned counsel for the petitioner as well as learned counsel for the State.
Petitioner is apprehending his arrest in a case under sections 272, 273 of the Indian Penal Code and section 47A of the Excise Act on the allegation of recovery of 1855 pouches of illicit country made liquor as well as 899 pouches of illicit country made liquor each containing 400 ml.
Petitioner states the seizure took place at the place of some other person, seizure list was prepared in absence of witnesses and signed by the Chaukidar. Petitioner further submits that the alleged offence is his first offence under this Act and he has no antecedent and the maximum punishment is of three months.
The grounds may be taken by the petitioner in regular bail.
Patna High Court Cr.Misc. No.37034 of 2013 (2) dt.24-12-2013 2/2 Petitioner Motilal Yadav is directed to surrender and seek regular bail which would be disposed of preferably on the same day on its own merit as well as taking into consideration the aforesaid pleas without prejudice.
Let the order passed in connection with Mirganj Police Station Case No. 256 of 12 be faxed to the court of Chief Judicial Magistrate, Gopalganj at the cost of the petitioner. Shashi.
(Samarendra Pratap Singh, J)