Binod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47458 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Binod Mahto S/O Satyanarayan Mahto Resident Of Village - Garabhua, Lala Tola, P.S.- Sirisiya 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.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in connection with Chanpatiya Sirisiya O.P. P.S. Case No. 117 of 2021 registered for the offences punishable under Sections 30(a), 30(b), 30(c) of the Bihar Prohibition & Excise Act.

There is recovery of 25 litres of country made liquor from the bank of canal.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.47458 of 2022(2) dt.11-11-2022 2/2 Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer of the petitioner and submitted that petitioner has 3 antecedents of similar nature. Considering the fact that petitioner is regular offender and he has antecedents of similar nature, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for grant of anticipatory bail to the petitioner stands rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) nirajkrs/- U T