Pardeshi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69512 of 2021 Arising Out of PS. Case No.-285 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== PARDESHI MAHTO Son of Late Pallu Mahto Resident of MohallaRajopatti, Ward No.28, P.S.- Mehsaul, O.P. (Sitamarhi), District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-01-2022 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, 70.7 litres of liquor was recovered from the hut of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. The alleged place of recovery is an open place accessible to all. He is in custody since 20.9.2021 and chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.69512 of 2021(2) dt.29-01-2022 2/2 The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has antecedent under the Bihar Prohibition and Excise Act, 2016. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. together with the antecedent of the petitioner, 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 after completing one year in custody. (Partha Sarthy, J) Saurabh/- U T