Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26711 of 2020 Arising Out of PS. Case No.-361 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== 1.

SURESH MAHTO S/o Raktu Mahto 2.

Nakchhed Sah S/o Late Doma Sah Both are Resident of Village- Hat Saraiya Dih, P.S.- Bairiya, District- West Champaran, Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rajani Kumari, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-11-2020 Let the defects be removed within two weeks of the start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State in virtual Court. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section30(a) of the Bihar Prohibition and Excise Act, 2016. 2 liters of liquor was recovered each from the separate house of the petitioners. Petitioners have stated on oath that they have got no criminal antecedent.

Considering the presumption of law under Section 32 and consequent bar of the prayer for anticipatory bail under

Patna High Court CR. MISC. No.26711 of 2020(2) dt.10-11-2020 2/2 Section 76(2) of the Bihar Prohibition and Excise Act, I am not inclined to enlarge the petitioners on anticipatory bail in connection with Bairiya P.S.Case No.361 of 2019 pending in the court of learned Special Judge, Bairiya, Bettiah, West Champaran. Hence prayer is refused.

However, in the event of surrender of the petitioners, their prayer for regular bail shall be considered without being prejudiced by this order.

(Birendra Kumar, J) Nitesh/- U T