Shambhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23343 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -CHIRAIYA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Shambhu Mahto, son of Late Dorik Mahto, resident of Village - Mirpur Dhangar Toli, P.S. - Chairaiya, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chiraiya P.S. Case No. 155 of 2016 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Section 47(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that 1 liter country made liquor has been recovered from the house of this petitioner. The seizure list has been prepared where the same fact has been mentioned. The learned A.P.P. has submitted that anticipatory bail application is not maintainable under the new Act. In such circumstances, keeping in view the specific allegation against the petitioner, this Court is not inclined to grant anticipatory bail to him.

Patna High Court Cr.Misc. No.23343 of 2017 (2) dt.25-05-2017 2/2 Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed of on same day in accordance with law after taking into consideration that only one litre of country made liquor is alleged to have been recovered from his possession.

(Sanjay Priya, J) S.Ali/- U T