Vakil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3829 of 2019 Arising Out of PS. Case No.-625 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Vakil Mahto, Son of Jai Mangal Mahto, R/o Village- Bakatpur, P.S- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kanti P.S. Case No. 625 of 2018 dated 10.10.2018 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Eight litres of liquor is said to have been recovered from the house of the petitioner.

Learned counsel for the petitioner has submitted that he was not present at the time of search and seizure and that the seizure list does not specify that the recovery was made from the house of the petitioner. The petitioner has clean antecedents. However, regard being had to the recovery of

Patna High Court Cr.Misc. No.3829 of 2019(2) dt.25-01-2019 2/2 liquor from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is rejected. In case the petitioner surrenders and prays for bail, the court below shall take into account that the petitioner does not have criminal antecedents and other attending facts and shall pass orders in accordance with law without being prejudiced by the dismissal of the present anticipatory bail petition.

The petition is dismissed with the liberty aforesaid.

(Ashutosh Kumar, J) krishna/- U T