Kailash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52344 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== KAILASH MAHTO Son of Late Yogendra Mahto Resident of Village - Bakharia (Lal Saraiya), Dhangar Toli, P.S.- Manjhaulia, Distt - 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.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Majhaulia P.S. Case No. 187 of 2019 registered for the offences punishable under Sections 30(a) and 37(c) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 65 litres of liquor from the house of the petitioner, which will appear from the seizure list itself.

Submission of learned counsel for the petitioner is that the house is joint house and as such petitioner cannot made liable for the recovery and he has no criminal antecedent. Heard learned APP, who has opposed the prayer for anticipatory bail stating that recovery of liquor has been made from the house of the petitioner.

Patna High Court CR. MISC. No.52344 of 2019(2) dt.22-08-2019 2/2 In view of above facts and circumstances, let petitioner surrender and pray for regular bail, which shall be considered on the basis of materials available on the record and, if possible, to be disposed of on the same day. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T