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Patna High CourtCR. MISC./62636/2022disposed

Bishundeo Mahto @ Bishundev Mahto @ Lulaba v. The State Of Bihar

2022-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62636 of 2022 Arising Out of PS. Case No.-111 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== Bishundeo Mahto @ Bishundev Mahto @ Lulaba Son Of Late Ram Kishor Mahto R/V- Bathnaha, P.S- Bathnaha, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 66.3 litres of illicit liquor and two motorcycles from an orchard. The petitioner is alleged to have fled away from the place of seizure. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing was recovered from the conscious possession of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.62636 of 2022(2) dt.02-12-2022 2/2 concern either with the place of seizure, or the seized vehicle or the illicit liquor. A statement has been made in para 3 of the petition that petitioner is accused in three other cases of similar nature apart from the present one. Considering the fact that petitioner is accused in three other cases of similar nature apart from the present one, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the petition is disposed off with a liberty to the petitioner to surrender before learned Court below and pray for regular bail. The learned Court below may consider the prayer for regular bail of the petitioner, keeping in view the facts discussed above and without being prejudiced by the order of this Court. (Sunil Kumar Panwar, J) Shageer/- U T