Fuleshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74996 of 2024 Arising Out of PS. Case No.-309 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Fuleshwar Mahto Son of Manmod Mahto Resident of Village - Piarpurwa, P.S. - Marhurah, District - Saran at Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Yashraj Bardhan, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsels for the parties.

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

3. As per prosecution case, 210 litres country made liquor has been recovered from an open place.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case merely on suspicion. Nothing has been recovered from conscious possession of this petitioner.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of country made liquor has been recovered. It is further submitted that petitioner

Patna High Court CR. MISC. No.74996 of 2024(2) dt.18-01-2025 2/2 has got three criminal antecedents of similar nature.

6. Considering the aforesaid facts and circumstances, huge quantity of recovery and the fact that petitioner has got three criminal antecedents of similar nature, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T