Jitendra Mahto @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31347 of 2021 Arising Out of PS. Case No.-548 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Jitendra Mahto @ Jitendra Kumar Son Of Late Umesh Mahto R/O VillageOld Gudri Bhawani Singh Marg, P.S.- Nagar, District- Muzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jyotsna Rani Mishra, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

It is a case of recovery of about 25 liters of country made Chulai liquor from the adjacent toilet of the house of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no recovery from the conscious or constructive possession of the petitioner and he has no concern

Patna High Court CR. MISC. No.31347 of 2021(3) dt.05-04-2022 2/2 with the said liquor. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case and considering para-6 of the case diary wherein it has been stated that the said toilet, from where the recovery of illicit liquor has been made, situated within the Govt. land, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Nagar P.S. Case No. 548 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T