Raj Kishore Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33331 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAJ KISHORE MAHTO, Son of LATE RAM BRIKSH MAHTO, Resident of Village - Siraul Ward No.9, P.S.- Khanpur, Distt.- Samastipur ... Petitioner

Versus

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

For the Petitioner :

Mr. Bijay Bhushan Prasad, Adv.

For the Opposite Party :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 07.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Excise Case No. 120 of 2020, pending in the Court of the Additional Sessions Judge II-cum-Special Judge, Excise, Samastipur, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The accusation is of recovery of 12 bottles, each of 750 ml of Indian made foreign liquor from the verandah of the house of the petitioner.

Patna High Court CR. MISC. No.33331 of 2020(2) dt.09-03-2021 2/2 Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered by the trial Court on its own merit without being prejudiced of this order. (Rajendra Kumar Mishra, J) Shamshad/- U T