Dharmendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49168 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== Dharmendra Mahto S/O Ganga Sagar Mahto Resident of Village- Newaji Tola Dharamshala, P.S.- Revilganj, District- Saran at Present Hnt, South of Prithvi Lal High School, P.S.- Town, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Srivastva For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Chhapra Town P.S. Case No. 49 of 2022, registered for the offence punishable under Sections 30(a), 41(1)(2) of the Bihar Prohibition and Excise Act.

75 litres of illicit liquor has been recovered from the hut of this petitioner.

It is submitted that nothing has been recovered from hut of this petitioner rather illicit liquor has been recovered from a school. Petitioner has got clean antecedent, as stated in para 3 of the petition.

Counsel for the State vehemently opposed the bail

Patna High Court CR. MISC. No.49168 of 2022(2) dt.04-11-2022 2/2 application and submitted that from perusal of seizure list it is apparent that huge quantity of illicit liquor has been recovered from hut of this petitioner.

Considering the fact that huge quantity of illicit has been recovered from hut of this petitioner, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act.

(Prabhat Kumar Singh, J) vinita/- U T