Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44705 of 2022 Arising Out of PS. Case No.-537 Year-2021 Thana- BHAGWAN BAZAR District- Saran ====================================================== DILIP MAHTO S/O LATE LAL BABU MAHTO Resident of East Dahiyanwa, Rupganj, Adda No.- 2, P.S.- Nagar, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== 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/37c of the Bihar Prohibition and Excise Act.

As per the prosecution case, 193 litres foreign liquor was recovered from a car.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. 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 and he is no way connected with the aforesaid recovery. Learned counsel for the State submits that the

Patna High Court CR. MISC. No.44705 of 2022(2) dt.21-10-2022 2/2 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) shashi/- U T