Mithu Raut @ Mithun Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32513 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- GOVINDGANJ District- East Champaran ====================================================== MITHU RAUT @ MITHUN MALIK Son of Videshi Raut Resident of Village- Domtoli Ward No. -10 Areraj, P.S.- Govindganj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Govindganj P.S. Case no. 07 of 2021 instituted for the offence punishable under Section 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 10 litres country made wine from the door of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on

Patna High Court CR. MISC. No.32513 of 2021(3) dt.24-02-2022 2/2 spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of bail and submits that petitioner is a habitual offender. Having heard learned counsel for the parties and taking into consideration that the alleged house belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U