Patna High CourtCR. MISC./11763/2023dismissed

Arun Mahto v. The State Of Bihar

2023-05-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11763 of 2023 Arising Out of PS. Case No.-349 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== ARUN MAHTO Son of Kalpu Mahto Resident of Village- Babhain, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard the parties.

The petitioner apprehend his arrest in connection with Bakhri P.S. Case No.349 of 2021, registered for the offence punishable under Sections 30(c), 30(d) of the Bihar Prohibition and Excise Act.

Allegedly, the police recovered raw materials and other articles used in the manufacturing of illicit liquor. The allegation against the petitioner is that, after seeing the police, he fled away from the spot.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no recovery from the conscious possession of the petitioner. He

Patna High Court CR. MISC. No.11763 of 2023(2) dt.18-05-2023 2/2 was not apprehended on the spot and has no concern with the seized materials. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner is a member of syndicate involved in manufacturing of illicit liquor. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) shikha/- U T