Ritesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75265 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== Ritesh Mahto S/o Sitaram Mahto, Resident of Ward No. 10, Bhutahi, P.S.- Sonbarsa, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Sonbarsa P.S. Case No.164 of 2019 registered for offence punishable under sections 272, 273, 414 of the Indian Penal Code and sections 30(A), 38 (2), 41 of the Bihar Prohibition and Excise Act, 2016.

It has been alleged that 2672.280 litres of foreign liquor has been recovered from a motor cycle bearing Registration no. BR30Q-2577 and also from a 'Scorpio' vehicle bearing Registration No. UP61K-2497.

Plea has been taken, the petitioner is not the owner of said vehicles and the recovery has been made from the bathan of one Kailash Kishore Mahto.

Patna High Court CR. MISC. No.75265 of 2019(2) dt.27-11-2019 2/2 Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will take decision in accordance with law, preferably on the same day.

(Shivaji Pandey, J) Mahesh/- U T