Bhim Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36128 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Bhim Singh Son of Late Nagu Singh Resident of village - Kaudia, Police Station - Bhagwanpur, District - Siwan

2. Mukesh Kumar Chaudhary Son of Late Jaglal Chaudhary Resident of Mohalla - Bhagwanpur, Police Station - Bhagwanpur, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Smt. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their 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. It is alleged that the petitioners were carrying illegal liquor. On seeing the informant, petitioners escaped from the place of occurrence and 47 liters of country made liquor were recovered adjacent the canal.

It is submitted by the learned counsel for the petitioners that recovery cannot be treated from the possession of the petitioners.

The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioners, if the

Patna High Court Cr.Misc. No.36128 of 2015 (2) dt.07-09-2015 petitioners surrender before the learned court below within a period of six weeks from today in connection with Bhagwanpur P.S. Case No. 91 of 2015, pending in the court of learned Sri M.K. Srivastava, Judicial Magistrate, Ist Class, Siwan. With this observation this application is disposed of.

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