Shiv Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20217 of 2023 Arising Out of PS. Case No.-185 Year-2022 Thana- LADANIA District- Madhubani ====================================================== SHIV KUMAR MAHTO SON OF ASHRAFI MAHTO @ ASHARFI SINGH RESIDENT OF VILLAGE - KABYAHI, P.S. - BABUBARHI, DIST. - MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case is that 9 liters of nepali liquor was recovered from the vehicle.

Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner rather the recovery has been made from the vehicle. He claims clean antecedent. Learned counsel for the State opposes the prayer for bail and submits that the petitioner is the registered owner of the

Patna High Court CR. MISC. No.20217 of 2023(2) dt.15-05-2023 2/2 vehicle in question from which huge quantity of liquor has been recovered.

Considering the facts of the case as also the fact that huge quantity of liquor has been recovered from the vehicle of which petitioner is registered owner, prayer for anticipatory bail is rejected.

(Prabhat Kumar Singh, J) Alok Verma/- U T