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Patna High CourtCR. MISC./58355/2024bail rejected

Jai Kishan Mahto @ Jai Kishan Kumar @ Jai Kishun Kumar v. The State Of Bihar

2024-09-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58355 of 2024 Arising Out of PS. Case No.-268 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Jai Kishan Mahto @ Jai Kishan Kumar @ Jai Kishun Kumar S/O Jang Bahadur Mahto R/O Village- Basantpur, P.S- Kundwa Chainpur, Distt.- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sharda Nand Mishra, Advocate For the State :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 414 and 468 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 1390.2 litres illicit liquor has been recovered from a Tata Sumo vehicle, which was being driven by this petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated merely because he happens to be driver of the vehicle in question. Nothing has been recovered from the conscious possession of this petitioner.

Patna High Court CR. MISC. No.58355 of 2024(2) dt.19-09-2024 2/2

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity illicit liquor has been recovered from the vehicle which was being driven by this petitioner. Petitioner has also got one criminal antecedent of similar nature.

6. Considering the aforesaid facts and circumstances, nature of accusation, fact that huge quantity of illicit liquor that has been recovered from the vehicle which was being driven by this petitioner and criminal antecedents, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T