Munilal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68465 of 2023 Arising Out of PS. Case No.-304 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Munilal Mahto S/O Ramchandra Mahto R/O Village- Kukra, P.S- Shikarpur, Distt.- West Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kotwa P.S. Case No. 304 of 2023 lodged under Sections 272 and 273 of the I.P.C. read with Sections 30(a), 32, 36, 41(i) (ii) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, the total recovery of 1432.8 liter of foreign liquor has alleged to be made from the pick-up van and petitioner is said to be the driver of the pick-up van.

4. Counsel for the petitioner submits that petitioner is in custody is since 21.08.2023 having clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that huge quantity of the excise material has

Patna High Court CR. MISC. No.68465 of 2023(2) dt.19-10-2023 2/2 been recovered from the possession of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

7. However, liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. (Dr. Anshuman, J.) Prakashmani/- U T