Om Prakash Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80789 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Om Prakash Mahto Son of Baijnath Mahto @ Vaidhnath Mahto Resident of Village- Purnahi, P.S. - Warisnagar, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibiton and Excise (Amendment) Act.
3. As per the prosecution case, 1468.8 litres of foreign liquor is said to have been recovered from the Bolero and pickup vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that the petitioner is neither driver nor owner of the seized vehicles. He further submits that on the basis of secret information petitioner has been made accused in the present case. The petitioner is
Patna High Court CR. MISC. No.80789 of 2024(2) dt.20-12-2024 2/2 languishing in custody since 21.10.2024. The petitioner has five criminal antecedents of similar nature as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that the petitioner has five criminal antecedents of similar nature, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of regular bail of the petitioner is hereby rejected in connection with Warisnagar P.S. Case No. 166 of 2024.
7. However, the petitioner shall be at liberty to renew his prayer for bail after framing of charges. (Anjani Kumar Sharan, J) anand/- U T