Rakesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59914 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Rakesh Mahto, Son of Baliram Mahto, Resident of Village-Noniya Dih, P.S.- Maharajganj, District-Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Prashant Kumar, Advocate For the Opposite Party :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a), 36, 38, 41(i) of the Bihar prohibition and Excise Act, 2016.

11 litres of mahua is said to have been recovered from the garbage pit near the house of the petitioner. The petitioner has falsely been implicated in this case. Petitioner has got no criminal antecedent. There is no allegation of tempering with the evidence against the petitioner. It is further contended that provision of Section 100 Cr.P.C. has not been followed while making search and seizure.

Considering the facts of the case, provisional bail allowed to the petitioner under order dated 26.09.2019 is hereby confirmed.

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