IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.694 of 2009 MARKANDEY SINGH, s/o Ramashish Singh, r/o –village Bare, P.S. Bhabua, District- Kaimur. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Investigating officer, Kudra P.S. case no. 97 of 2008 dated 17.09.2008, District- Kaimur. . . . . . Respondents. ----------- 2/ 24.06.2010 Heard learned counsel for the petitioner and the State. Petitioner is an accused in Kudra P.S. case no. 97 of 2008 under Sections 272, 273 and 290 of the Indian Penal Code and Section 47 A of the Excise Act. Learned counsel for the petitioner submits that petitioner is a valid licence holder of a wine shop, which is situated north of the G.T. Road in the house of one Niwas Singh. Learned counsel further submits that in the First Information Report, it has been alleged that petitioner is selling illegal wine in association with Kalika Sah. He further submits that the aforesaid Kalika Sah is alleged to be selling the wine from a market room, which is entirely a different location than the house of one Niwas Singh, where petitioner is selling his wine. Learned counsel submits that prosecution case is based on the statement of witnesses, who have filed affidavits that they have not made any statement that petitioner is in any way involved in selling of wine, which is being sold by one Kalika Sah in the market place. Learned counsel for the petitioner further submits that State has itself annexed affidavits of Manoj Singh, Dadan Singh, Kameshwar Singh and Rohan Kumar Singh, wherein it is stated that they have not made any statement against the petitioner. Learned - 2 - counsel submits that petitioner is a reputed and respectable person of the locality and he has unnecessarily roped in the instant case. He further submits that it is not the case that petitioner is not a licensee of wine shop. He further submits that the investigation is going on and charge-sheet has not been submitted as yet. In view of the aforesaid submissions, this Court is of the view that it will be open to the petitioner to file a representation before the Sub-Divisional Police Officer, Mohania, Bhabua as well as before the Investigating officer of the present case regarding his innocence, which may be looked into, if charge-sheet has not been submitted. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)