Shrawan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22676 of 2019 Arising Out of PS. Case No.-477 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== SHRAWAN MAHTO, Son of Shibjee Mahto, Resident of Village - Sadha, P.s.- Chapra Muffasil, Distt.- Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Chapra Muffasil P.S. Case No. 477 of 2018, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30, 38 and 41 of Bihar Prohibition and Excise Act.

Allegation against the petitioner is of recovery of 200 litres of liquor from his house. It further appears that he is accused in one more case.

Submission of learned counsel for the petitioner is that FIR itself shows that he was inside the jail at the relecvant time and as such he has falsely been implicated in this case. Heard learned APP also, who has opposed the prayer for anticipatory bail on the ground that petitioner has criminal antecedent and there is recovery of huge quantity of liquor from

Patna High Court CR. MISC. No.22676 of 2019(2) dt.09-04-2019 2/2 his house.

Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T