Tek Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28982 of 2020 Arising Out of PS. Case No.-74 Year-2020 Thana- BANGARA District- Samastipur ====================================================== TEK NARAYAN MAHTO S/o Babu Lal Mahto Resident of Village/Mohallah-Murgiya chak, P.S-Bangara, District-Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Aprajita, Advocate For the Opposite Party/s :

Mr. Kumar Virendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2020 Heard Ms. Aprajita, learned counsel for the petitioner and Mr. Kumar Virendra Narayan, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends arrest in connection with Bangara P.S. Case No. 74 of 2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation as per the First Information Report is that the Police raided the house of the petitioner and recovered a total quantity of 3 litres of illicit liquor from veranda situated near the room of the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offense in the manner alleged

Patna High Court CR. MISC. No.28982 of 2020(2) dt.18-12-2020 2/2 and he has falsely been implicated in this case inasmuch as the illicit liquor has been recovered from verandah situated near the room of the petitioner, which is an open space. Learned counsel further submits that the petitioner has got no criminal antecedent.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that illicit liquor has been recovered from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

However, if the petitioner surrenders before the court below within a period of four weeks from today and moves for regular bail, the same may be considered by the learned court below on the same date without being prejudiced by the fact that the present anticipatory bail application has been rejected by this Court.

(Anil Kumar Sinha, J) S.Ali/- U T