Patna High CourtCR. MISC./63824/2021dismissed

Dahari Mahto v. The State Of Bihar

2022-03-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63824 of 2021 Arising Out of PS. Case No.-205 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== DAHARI MAHTO S/O LATE RAM LAGAN MAHTO R/o villageSangrampur, Ward No. 07, P.S.- G.B. Nagar, Tarwara, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 25 liters of foreign liquor is said to have been recovered from the

Patna High Court CR. MISC. No.63824 of 2021(2) dt.25-03-2022 2/2 verandah of the house of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case and huge recovery of hooch from the house of the petitioner, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) Trivedi/- U