Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78871 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- KHUDAGANJ District- Nalanda ====================================================== Sanjeev Kumar Son of Sarajug Singh Yadav Driver Mukhiya of Sonalika Tractor No. BR 21K- 2523 Resident of Village - Chaurama - Pachlowa (Panchayat), Police Station - Khudanganj, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-02-2020 In the order dated 11.12.2019, Order no.3 will be read as Order no.2.

In the present case, the learned counsel for the petitioner submits that the matter is not related to violation of the Excise Act, merely it is related to provision of Indian Penal Code and wrongly the provision of Excise Act, 2016 has been typed so it should be expunged from the order.

During argument, it has transpired that two cases have been filed against the present petitioner, one is P.S. Case No.144 of 2019 and another is P.S. No.145 of 2019. In the present case, no allegation of violation of the Excise Act has been made. Looking to the submission, the provision of the Excise Act and the recovery of 123 litres of liquor are treated to have

Patna High Court CR. MISC. No.78871 of 2019(3) dt.19-02-2020 2/2 been deleted from the order dated 11.12.2019. The order dated 11.12.2019 is modified to the aforesaid extent.

(Shivaji Pandey, J) Mahesh/- U T