Bamshankar Mahto @ Vamshankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43494 of 2021 Arising Out of PS. Case No.-227 Year-2020 Thana- PAKRIDAYAL District- East Champaran ====================================================== Bamshankar Mahto @ Vamshankar Mahto, Son of Uber Mahto @ Ugr Mahto, R/o Village Noniya Toli, Pakaridayal, Ward No.5, P.S. Pakaridayal, District East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in Pakaridayal P.S. Case No.227 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 30 litres of country made Chulai liquor, 2.250 litres of foreign liquor and 15 litres of country made Chulai liquor has been recovered from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is no recovery from the conscious possession of the petitioner rather recovery has been made from the abandoned house of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.43494 of 2021(2) dt.29-01-2022 2/2 manner of concern with the recovered liquor.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Anjani Kumar Sharan, J.) Sanjay/- U T