Shivmangal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67945 of 2021 Arising Out of PS. Case No.-250 Year-2021 Thana- SHEOHAR District- Sheohar ====================================================== SHIVMANGAL MAHTO Son of Late Ramvaran Mahto Resident of VillageChiknauta, P.S.- Sheohar, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhubala Verma, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 12.3 litres of liquor was recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. No incriminating article has been recovered from his possession or his house. He is in custody since 12.8.2021 and charge sheet has been submitted in the case. The application for bail is opposed by learned APP for the State who submits that the petitioner has an antecedent

Patna High Court CR. MISC. No.67945 of 2021(2) dt.29-04-2022 2/2 under the Bihar Prohibition and Excise Act, 2016. Having heard learned counsel for the parties and taking into consideration the recovery of liquor from the house of the petitioner together with the antecedent of the petitioner under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody.

(Partha Sarthy, J) Prakash/- U