Chunchun Mahto @ Chunchun Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84917 of 2024 Arising Out of PS. Case No.-14 Year-2019 Thana- KHUSRUPUR District- Patna ====================================================== Chunchun Mahto @ Chunchun Bind Son of Nagina Mahto Resident of Mohalla- Bas ke Tal Bind Toli P.S.- Khushrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2024 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

Though the present petition has been filed for grant of anticipatory bail in connection with Khushrupur P.S. Case No. 14 of 2019, registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016, however, since the prosecution has alleged that upon search 13.400 litres of countrymade Mahua liquor has been recovered from the house of the petitioner, this Court finds that it would be proper for the petitioner to seek the privilege of regular bail considering the bar under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, nonetheless, this Court feels that in

Patna High Court CR. MISC. No.84917 of 2024(2) dt.13-12-2024 2/2 the facts and circumstances of the present case, a sympathetic view may be taken by the learned Court of Special Judge, Excise Court, Patna City, DistrictPatna in connection with Khushrupur P.S. Case No. 14 of 2019, while considering the petition of the petitioner for grant of regular bail.

3.

At this juncture, the learned counsel for the petitioner submits that the petitioner shall surrender before the learned court of Special Judge, Excise Court, Patna City, District-Patna in connection with Khushrupur P.S. Case No. 14 of 2019, within a period of four weeks from today, nonetheless, the learned Trial Court be directed to consider the regular bail application to be filed by the petitioner and pass appropriate orders, thereon, on the very same day of filing of the same. It is directed accordingly.

4.

The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T