Santosh Mahto @ Dedhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49364 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- WARISNAGAR District- Samastipur ====================================================== SANTOSH MAHTO @ DEDHIYA Son of Wunel Mahto @ Bunel Mahto Resident of Village - Chhatneshwar Tara Tol, P.S.- Warisnagar, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Warisnagar P.S. Case No.138 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of the Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Samastipur. The accusation is of recovery of several bottles of Indian Made Foreign Liquor in the volume of 113.700 liters from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was not apprehended on the spot nor he was present in his house at the time when the alleged

Patna High Court CR. MISC. No.49364 of 2019(2) dt.07-08-2019 2/2 recovery of Indian Made Foreign Liquor was made. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T