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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55861 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== JANARDHAN MAHTO @ JANARDHAN KUMAR MAHTO Son of Premchand Mahto Residence of village - 108, Brahaman Tola, P.S. - Godda, Distt. - Godda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar , Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420 , 467 , 468 , 471 , 120-B and sections 30 (a) , 32 , 36, 41 (i)(ii) of the Bihar Prohibition and Excise Act.

3. Prosecution case is that total 3605 liters of illicit liquor were recovered from truck bearing Registration No. BR10G-5742.

4. It is submitted that the petitioner is neither driver nor owner of the truck in question . He has been made accused in this case merely on the basis of suspicion . No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.55861 of 2023(2) dt.29-08-2023 2/2 the petitioner.

5. However, learned counsel for the State opposes the bail petition and submits that petitioner has got one criminal antecedent of similar nature .

6. Considering the facts of the case as also the fact that petitioner has got one criminal antecedent of similar nature , prayer for anticipatory bail is rejected.

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