Narendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32706 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- SARE District- Nalanda ====================================================== NARENDRA MAHTO, S/o Shiv Kumar Mahto @ Shiv Kumar, R/o villageBhikhani, P.S.- Sare, District Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sare P.S. Case No. 5 of 2019 registered for the offences punishable under Sections 30(a) (c) (d), 33 and 36 of Bihar Prohibition and Excise Act.

Allegation is that police on confidential information that one Umesh Mahto along with other accused persons were engaged in selling of liquor in the orchard, raided the place and on seeing the police party accused persons succeeded in fleeing away but on chase one person was apprehended and police recovered huge quantity of liquor, packing machine, empty drams, etc. from the orchard. It is said that name of petitioner has been disclosed by the apprehending accused. It further appears that petitioner is accused in one more case of similar nature, apart from one other case.

Patna High Court CR. MISC. No.32706 of 2019(3) dt.31-07-2019 2/2 Submission of learned counsel for the petitioner is that he has falsely been implicated and except confessional statement there is nothing against him.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that not only name of petitioner has been transpired in the confessional statement but he has criminal antecedents also.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit.

With the above observation, this application is dismissed.

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