Chokat Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43135 of 2022 Arising Out of PS. Case No.-197 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== CHOKAT MAHTO S/O LATE TUNNA MAHTO Resident of villageKalibag, Ward No.- 04, P.S.- Kalibag O.P. District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

37.800 litres of foreign liquor has been recovered from the place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that the house does not belong to the petitioner and he does not live in the said house as a tenant. It is

Patna High Court CR. MISC. No.43135 of 2022(2) dt.14-10-2022 2/2 also submitted that there is no recovery from the conscious possession of the petitioner.

Taking into consideration the facts and circumstance of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Bettiah (T) Kalibag O.P. P.S. Case No.197 of 2022, pending in the court of learned Special Judge, Excise, Bettiah, West Champaran. (Anjani Kumar Sharan, J) Sanjay/- U T