Mukesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64786 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== Mukesh Mahto, Son of Sukhe Mahto, Resident of Village - Balha Madhusudan, P.S.- Pupri, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 This is an application for grant of anticipatory bail in connection with Pupri P.S. Case No. 116 of 2019, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per F.I.R. there is allegation of recovery of illicit liquor from the "Bhusaula" of the petitioner. Submission of the learned counsel for the petitioner is that as a matter of fact nephew of the petitioner was arrested and there is recovery of liquor. He has falsely been implicated in this case, having no criminal antecedent.

Heard learned A.P.P. also who has opposed the prayer for anticipatory bail on the ground that there is recovery of illicit liquor as per seizure list.

Having heard both sides, in view of the facts and

Patna High Court CR. MISC. No.64786 of 2019(2) dt.17-10-2019 2/2 circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, the petitioner may move before the learned court below for regular bail which will be considered by the learned court below, on its own merit, without being prejudiced by order of this Court, and if possible, be disposed of on the same day.

With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T