Patna High CourtCR. MISC./17716/2019rejected

Niraj Kumar Mahto v. The State Of Bihar

2019-03-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17716 of 2019 Arising Out of PS. Case No.-371 Year-2018 Thana- ROSERA District- Samastipur ====================================================== NIRAJ KUMAR MAHTO, Male, aged about 23 years, Son of Dinesh Mahto Resident of Village - Batha, P.S,.- Rosera, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2019 Heard both sides.

The petitioner apprehends his arrest in Rosera P.S. Case No.371 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant alleged that he got secret information that petitioner had kept liquor in his poultry farm. On such information, the police went to the poultry farm of the petitioner but petitioner managed to flee away. 148 bottles of Royal Stag each containing 375 ml. and 94 bottles of Indian made foreign liquor made in Haryana were recovered from the poultry farm of the petitioner.

The learned counsel for the petitioner submits that poultry farm is running by the staff of the petitioner and for the recovery made from the poultry farm, the petitioner cannot be

Patna High Court CR. MISC. No.17716 of 2019(2) dt.26-03-2019 2/2 held responsible but it appears from the records that the informant got specific information about concealment of foreign liquor by the petitioner in his poultry farm and on such, raid was conducted. Huge quantity of Indian made foreign liquor was recovered. Petitioner has also got criminal antecedent and he is accused in two other cases namely, Rosera P.S. Case No.186 of 2018 and Rosera P.S. Case No.14 of 2019 registered under Section 30(a) and other Sections of Bihar Prohibition and Excise Act.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, learned court below shall consider the regular bail of the petitioner without being prejudiced by the order of this Court. (Prabhat Kumar Jha, J) Saurabh/- U T