Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27760 of 2021 Arising Out of PS. Case No.-678 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Mithun Kumar S/o Sri Prem Singh Resident of Village- Ismailpur, P.S.- Goraul, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Mahua P.S. Case No.678 of 2020, registered for the offences punishable under Sections 30(a)/32(ii)/34(ii)/ 38(ii) /41 (i) of the Bihar Prohibition and Excise Act. From the motorcycle of the petitioner liquor was recovered.

Considering presumption of law against the petitioner as contained in Section 32 of the Bihar Prohibition and Excise Act as well as bar of prayer for anticipatory bail under Section 76(2) of the said Act, I am not inclined to grant anticipatory bail

Patna High Court CR. MISC. No.27760 of 2021(2) dt.06-12-2021 2/2 to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner within four weeks, the prayer for regular bail shall be considered without being prejudiced by the order of this Court. (Birendra Kumar, J) Mkr./- U T