Phochai Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10631 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Phochai Mandal S/o Late Ramdhan Mandal, Resident of VillageManpur, P.S.- Gamharia, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 47A of the Excise Act. The prosecution case is that from the hutment of petitioner 28.880 liters of country made liquor were recovered. It is submitted by the learned counsel for the petitioner that there is nothing on record to suggest that the place of recovery belongs to the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the quantity of recovery, it is a case for consideration of prayer for regular bail, let the learned court below consider the prayer for regular bail of the petitioner, if

Patna High Court Cr.Misc. No.10631 of 2016 (2) dt.10-03-2016 the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Gamharia P.S. Case No. 06 of 2016, pending in the court of learned Sri S.K. Singh, J.M., Ist Class, Madhepura.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T