Ajit Bhagat Vs. the State of Bihar

patna high court cr.misc. no.69 of 2011 (2) dt.23-01-2012 in the high court of judicature at patna criminal miscellaneous no.69 of 2011 ====================================================== ajit bhagat .... .... petitioner versus the state of bihar .... .... opposite party ====================================================== appearance : for the petitioner : mr. brij nandan prasad, advocate. for the opposite party/s : mr. zainul abedin, a.p.p. ====================================================== coram: honourable mr. justice shivaji pandey oral order (per: honourable mr. justice shivaji pandey”23. 01-2012 heard learned counsel for the petitioner and learned counsel for the state. this application has been filed for quashing the order dated 3.11.2010 passed by the judicial magistrate, ist class, banka in g.r. no.1015, corresponding to amarpur p.s. case no.153 of 2008 by which the learned magistrate has been pleased to reject the petition under section 239 of the code of criminal procedure of the petitioner for discharge under section 47(a) of the excise act. according to the first information report it appears that recovery was made from the house of one ram yadav. he has shown the photocopy of the licence and on that basis the present case has been lodged. the claim of the petitioner is that no case is made out against him as he has patna high court cr.misc. no.69 of 2011 (2) dt.23-01-2012 not violated any provision of the excise act. call for the carbon copy of the case diary in connection with amarpur p.s. case no. 153 of 2008, g.r. no.1015 of 2008 pending in the court of the judicial magistrate, ist class, banka. in the meantime, further proceedings in amarpur p.s. case no. 153 of 2008, g.r. no.1015 of 2008 pending in the court of the judicial magistrate, ist class, banka shall remain stayed. (shivaji pandey, j.) vinay/-