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Patna High CourtCR. MISC./20596/2022bail rejected

Mantu Soren v. The State Of Bihar

2022-07-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20596 of 2022 Arising Out of PS. Case No.-304 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Mantu Soren Son of Shivu Marandi Resident of Village - Shitalnagar, Aadivasi Tola, Police Station - Kochadhaman, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Akhter Hussain For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Kochadhaman P.S. Case No. 304 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

5 litres of country made liquor has been recovered from the house of this petitioner.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. The house in question is in joint possession of family. Petitioner has got clean antecedent, as stated in para 3 of the petition.

Counsel for the State vehemently opposed the bail

Patna High Court CR. MISC. No.20596 of 2022(2) dt.22-07-2022 2/2 application and submitted that recovery has been made from the house of petitioner.

Considering the fact that recovery has been from the house of this petitioner, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act.

(Prabhat Kumar Singh, J) vinita/- U T