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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43201 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== PAWAN KUMAR MAHTO @ PAWAN KUMAR SON OF RAM BALI MAHTO R/O VILLAGE- VIRSAHIYA, P.S.- BIBHUTIPUR, DISTRICTSAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2022 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 and sections 272 and 273 of the IPC .

As per the prosecution case, 1477.800 litres of foreign liquor was recovered from the a pick-up van.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has been made accused in this case only on the basis of call details report. Petitioner is neither the owner nor the driver of the vehicle in question. No incriminating material has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.43201 of 2022(3) dt.21-10-2022 2/2 and he is no way connected with the aforesaid recovery. Learned counsel for the State submits that the petitioner has got criminal antecedent of similar nature. Considering the fact that the petitioner has got criminal antecedent of similar nature, 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) asmit/- U T