Chandra Prakash Mahto @ Chano Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42563 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- BIBHUTIPUR District- Samastipur ====================================================== Chandra Prakash Mahto @ Chano Mahto, Son of Rajendra Prasad @ Rajendra Prasad Singh Resident of Village - Alampur, P.S.- Bibhutipur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No. 34 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of the 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Samastipur.

The accusation is that on receiving the secret information about doing of illicit liquor business by the petitioner, the informant and other Police personnel reached at the house of the petitioner then saw that a person was carrying the cartons from a tempo while he was chased, but he succeeded to flee away taking the advantage of darkness, but

Patna High Court CR. MISC. No.42563 of 2019(2) dt.10-07-2019 2/2 he was identified as Chandra Prakash Mahto (Petitioner). On search of tempo, four cartons containing 192 bottles of 180 ML India made foreign liquor recovered. On search of the house of the petitioner, four cartons, 192 bottles, each containing 180 India made foreign liquor recovered from the bedroom of the petitioner.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T