Patna High CourtCR. MISC./48239/2021dismissed

Ankesh Mahto @ Ankesh Kumar Mahto v. The State Of Bihar

2022-02-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48239 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== Ankesh Mahto @ Ankesh Kumar Mahto Son of Mahesh Mahto Resident of Village- Sothgaon, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 135 liters of Nepali wine is said to have been recovered from the hotel of the petitioner. He

Patna High Court CR. MISC. No.48239 of 2021(2) dt.04-02-2022 2/2 further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail and submits that the petitioner has indeed engaged in trafficking of the illicit liquor so petitioner does not deserve anticipatory bail.

Considering the facts that the said illicit liquor has been recovered from the hotel of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Harlakhi P.S. Case No. 177 of 2021.

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