Santosh Kumar @ Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40226 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SANTOSH KUMAR @ SANTOSH MAHTO Son of Rameshwar Mahto Resident of Village - Mustafarpur, P.S. - Bibhutipur, District - Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 0.930 liters liquor was recovered from a motorcycle of which petitioner is the registered owner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has got no

Patna High Court CR. MISC. No.40226 of 2022(3) dt.14-10-2022 2/2 criminal antecedent.

Learned counsel for the State submits that the recovery of illegal liquor has been made from the motorcycle of which petitioner is the registered owner. Considering the fact that the recovery of illegal liquor has been made from the vehicle of which petitioner is the registered owner, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order.

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