Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18053 of 2022 Arising Out of PS. Case No.-516 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== DILIP MAHTO Son of Sri Fulena Mahto Resident of village - Lohiyaria, Dhangad Toli, P.S.- Chanpatia (Kumarbag), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

10 liters of country-made liquor has been recovered from the house of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Recovery has been made from the house, which is in joint possession of the family. Petitioner is in custody since 20.01.2022.

Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got three criminal antecedent of similar nature.

Patna High Court CR. MISC. No.18053 of 2022(2) dt.25-05-2022 2/2 Considering the aforesaid facts and circumstances as well as the fact that petitioner has got criminal antecedent of similar nature of cases, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned court below, where the case is pending, is directed to release the petitioner on bail, after framing of the charge. (Prabhat Kumar Singh, J) anay/- U T