Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7946 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SHANKAR MAHTO ,S/o Late Babulal Mahto, Resident of VillageKamraon, P.S.- Dalsinghsarai, Distt- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarojanand Kumar, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, apprehends his arrest registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.

Allegation is recovery of 20.595 liters of foreign liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent.

As recovery of illicit liquor has been made from the house of petitioner present anticipatory bail is not maintainable

Patna High Court CR. MISC. No.7946 of 2020(2) dt.29-02-2020 2/2 and is accordingly dismissed.

However, if petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferable on same day on its own merits without being prejudiced by this order.

(S. Kumar, J) Rajiv/- U T