Patna High CourtCR. MISC./81329/2023dismissed

Rakesh Mahto @ Rakesh Kumar Mahto v. The State Of Bihar

2023-12-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81329 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- PUSA District- Samastipur ====================================================== RAKESH MAHTO @ RAKESH KUMAR MAHTO Son of Shankar Mahto Resident of village - Ward No.- 05, Bhuskaul, P.S.- Pusa, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Pusa P.S. Case No. 102 of 2023 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Altogether, 8.640 ml of foreign liquor has been recovered from the joint house of petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern either with the seized liquor or any trade of liquor. The

Patna High Court CR. MISC. No.81329 of 2023(2) dt.21-12-2023 2/2 allegation levelled against the petitioner is totally false and based on concocted facts. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. The joint house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He had not consumed liquor. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the illicit liquor has been recovered from the joint house of petitioner, I am not inclined to enlarge him on anticipatory bail.

7. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T