Ram Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25782 of 2016 Arising Out of PS. Case No. -4 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Ram Nath Rai, S/o Late Devi Rai, Resident of Village - Bhawani Dih, P.S. Motipur, Dist. - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Section 47 (a) of the Excise Act.

Learned counsel submits that the prosecution report was lodged on 19.12.2015, but the same was produced before the learned Magistrate on 16.01.2016. He next submits that the prosecution report has been signed by the Inspector of Excise on 2.1.2016 and even if the date of occurrence is taken into consideration as 02.01.2016, the prosecution report was produced in the Court after delay of 14 days.

Having regard to the facts and circumstances of the case, if the petitioner surrenders before the learned Sub-Divisional Judicial Magistrate (West) Muzaffarpur or the Court in seisin of

Patna High Court Cr.Misc. No.25782 of 2016 (2) dt.15-07-2016 2/2 the case in C "No. 04 of 2016 within four weeks from today and prays for regular bail and if the learned Magistrate finds that there has been delay in filing the prosecution, as noticed in the order, the petitioner would be released on bail to its own satisfaction. Let this order be communicated to the Court concerned.

(Samarendra Pratap Singh, J.) Uday/- U T