Ram Prasad Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56224 of 2019 Arising Out of PS. Case No.-74 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== RAM PRASAD MAHTO, aged about 67 years, Male, S/o Late Lal Bihari Mahto, Resident of Village- Near Uttar Bihar Gramin Bank, P.S.- Kurhni, Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Pawan Kumar Singh, Adv.

For the Opposite Party :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Kurhni Excise Case No. 74 of 2018, pending in the Court of the Special Judge, Excise Act, Muzaffarpur, for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is of recovery of Indian made foreign liquor in volume of 301 liters, kept in several bottles in a hut situated behind the house of the petitioner.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to

Patna High Court CR. MISC. No.56224 of 2019(2) dt.04-09-2019 2/2 the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T