Rakesh Mahto @ Dhanna Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20190 of 2019 Arising Out of PS. Case No.-575 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== RAKESH MAHTO @ DHANNA SETH, aged about 35 years, Male, Son of Mishrilal Mahto, Resident of Village Lautan, P.S. Sakra, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-04-2019 Heard both sides.

Petitioner apprehends his arrest in Sakra P.S. Case No.575 of 2018, registered under Sections 272 and 273 of the Indian Penal Code as well as under Sections 30(a), 35(a), 38 and 41 of Bihar Prohibition and Excise Act, 2016. The informant alleged that he got information that petitioner had brought consignment of liquor in a truck bearing Registration No. HR 38 N 7045 but when the informant intercepted the truck, the truck driver and cleaner of the truck fled away. From the truck 4449 litres of liquor was recovered. Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner but it appears that the informant got definite input that it was petitioner on whose order the consignment of liquor was

Patna High Court CR. MISC. No.20190 of 2019(2) dt.02-04-2019 2/2 brought for delivery to the petitioner.

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

If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J) S.KUMAR/- U T