Mukesh Mahto @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32049 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== MUKESH MAHTO @ MUKESH KUMAR S/o Mohan Mahto Resident of Village - Surauli, Ward No.-2, P.S. - Bibhutipur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2022 Heard learned counsel for the parties through video conferencing.

The petitioner apprehends his arrest in a case registered for the offence under Sections 30(a), 32(ii)(iii), 36, 41(i)(ii) of the Bihar Prohibition & Excise Act. Total 2525 liters 400 ml. of foreign liquor has been recovered from Mahindra pick-up van, of which, petitioner is alleged to be driver.

It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of this petitioner and has been made accused in this case simply because photocopy of his driving licence was found in the said vehicle. However, learned A.P.P. for the State vehemently opposed the prayer for bail and submitted that petitioner is

Patna High Court CR. MISC. No.32049 of 2022(2) dt.02-09-2022 2/2 driver of the vehicle, from which, huge quantity of illicit liquor has been recovered.

Considering the same, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T