Pawan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66107 of 2023 Arising Out of PS. Case No.-278 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== PAWAN MAHTO SON OF SATAN MAHTO RESIDENT OF VILLAGE - PIPRA, P.S. - BAIKUNTHPUR, DISTRICT - GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 350 liters of spirit has been recovered from behind the house of co-accused Satan Mahato.

4. It is submitted on behalf of the petitioner that no incriminating material has been recovered from the conscious possession of the petitioner and he has been made accused in this case only on the basis of suspicion.

5. However, learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail and submitted that petitioner has got six criminal antecedents out of whom four are

Patna High Court CR. MISC. No.66107 of 2023(2) dt.17-10-2023 2/2 of similar nature.

6. Considering the fact that petitioner has got criminal antecedents of similar nature, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) Shishir/- U T