Suresh Mahto @Suresh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62076 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- SAKATPUR District- Darbhanga ====================================================== Suresh Mahto @SURESH Kumar Mahto Son Of Sibu Mahto @SHIBJEE Mahto @SHIVJI Mahto Resident Of Vilage- Kakodha, Ps- Sakatpur, DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sakatpur P.S. Case No. 62 of 2023 dated 09.07.2023, instituted for the offence punishable under Section 30(a) of Bihar Excise (Amendment Act) 2016.

3. Allegation is recovery of 18 litres Nepali wine from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. Lastly, it has been submitted that he has no criminal antecedents.

Patna High Court CR. MISC. No.62076 of 2023(2) dt.16-10-2023 2/2

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Since 18 litres Nepali wine has been recovered from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Khatim Reza, J) prabhat/- U T