Chhotu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2280 of 2025 Arising Out of PS. Case No.-199 Year-2024 Thana- KASBA District- Purnia ====================================================== Chhotu Mahto S/o Vinod Mahto @ Binda Mahto R/o Village- Taranagar, P.S.- Kasba, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar Bhagat, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 40 liters country made liquor was recovered from the hut of petitioner.

4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State submits that huge quantity of illicit liquor was recovered from the hut of petitioner. He further submits that this application for grant of

Patna High Court CR. MISC. No.2280 of 2025(2) dt.12-02-2025 2/2 anticipatory bail to the petitioner is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

6. Considering the aforesaid facts, anticipatory bail application of the petitioner is rejected.

(Prabhat Kumar Singh, J) Navya/- U T