Patna High CourtCR. MISC./60977/2023bail rejected

Raj Kumar Mahto v. The State Of Bihar

2023-10-11Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60977 of 2023 Arising Out of PS. Case No.-15 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Raj Kumar Mahto Son Of Subedar Mahto Resident Of Village - Jantola, P.S. - Revilganj, District - Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Revilganj P.S. Case No. 15 of 2022 dated 23.01.2022, instituted for the offence punishable under Sections 30(a) of the Bihar prohibited and excise Act 2016.

3. The allegation is of recovery of 10 litres country made liquor from the hut of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from the possession of the petitioner to suggest the involvement of the petitioner in this case. Learned counsel further submitted that petitioner has been implicated in this false case due to

Patna High Court CR. MISC. No.60977 of 2023(2) dt.11-10-2023 2/2 influence of local influential persons as he is having enimical terms with some local persons. Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Since the ten litres illicit country made liquor has been recovered from the hut of the petitioner, I am not inclined to grant the bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Khatim Reza, J) Sankalp/- U T