Patna High CourtCR. MISC./3377/2016disposed

Chandan Kumar And ANR v. The State Of Bihar

2016-01-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3377 of 2016 Arising Out of PS.Case No. -399 Year- 2015 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Chandan Kumar S/o Ram Bishek Kunwar

2. Ram Bishek Kunwar S/o Late Lal Bahadur Kunwar Both are resident of Vill- Abdullah pur, P.S.- Bahadurpur, Dist- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 467,468 and 471/34of the Indian Penal Code and section 47(a) of the Excise Act.

The prosecution case is that during patrolling the informant being police officer received information that country made liquor is being sold illegally, raid was laid then two persons were seen carrying liquor on motocycle without registration number but seeing the police party the accused persons escaped from the scene leaving the motorcycle and chowkidar suggested

Patna High Court Cr.Misc. No.3377 of 2016 (2) dt.21-01-2016 2/2 the name of the petitioners.

It is submitted by the learned counsel for the petitioners that in fact the raid was laid in the liquor shop and since the petitioners are adjacent residents, hence they have been implicated in the present case. There is no recovery from the petitioners and the petitioners have valid licence with regard to the motorcycle. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Bahadurpur P.S. Case No. 399 of 2015 pending in the court of learned CJM, Darbhanga. This application is disposed of with the aforesaid observation/direction.

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