Laxman Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33251 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- BARAULI District- Gopalganj ====================================================== LAXMAN MAHTO SON OF BABAN MAHATO Resident of VillageSalona, P.S.- Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) and 37(b)(c) of the Bihar Prohibition and Excise Act. 5 litres of country made Chulai liquor and other utensils, such as, small gas cylinder, gas Chulha and aluminum crockery have been recovered from the Bathan of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.33251 of 2022(2) dt.09-09-2022 2/2 Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner is a member of the syndicate involved in manufacturing of illicit liquor.

Taking into consideration the fact that the petitioner is a member of the syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Barauli P.S. Case No.23 of 2022, pending in the court of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise Court No.1, Gopalganj.

(Anjani Kumar Sharan, J) Sanjay/- U T