IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17014 of 2009 LALKESHWAR PASWAN Versus STATE OF BIHAR ----------- 02/ 18.05.2009 Heard Sri Raj Kishore Prasad I, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The house of the petitioner was searched allegedly on the 16th of October, 2008 and 100 litres distilled liquor along with some fermented raw materials as per description in the seizure memo were recovered. The contention is that the prosecution report in respect of the above search and seizure was sent to court on 4.2.2009 and there is no reason given or assigned for the belated filing of the prosecution report. The learned counsel for the petitioner has not been pointing out the reason for the belated filing of the report, but it appears from the rejection order that a plea of belated filing was taken there citing the provisions of Section 154 Cr.P.C. This Court does not want to express any opinion over the matter which the touching upon the merit of the case finally. Considering the recovery, the petition is dismissed. However, it is direct that the court below on surrender of the - 2 - petitioner shall consider the belated filing of the report and consider the prayer for bail in that light without any prejudice. Let this order be communicated to the court of Chief Judicial Magistrate, Nalanda at Biharsharif in Complaint Case No. 13C3 Ex/09 through fax at the cost of the petitioner. DKS/ (Dharnidhar Jha, J.)