Ranjit Mahto @ Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84605 of 2019 Arising Out of PS. Case No.-525 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RANJIT MAHTO @ RANJIT KUMAR Son of Ramesh Mahto Resident of Village- Kewas Jagir, P.S.- Muffasil, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 525 of 2019 for the offence registered under Section 30(a) (d) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 95 litres of illicit liquor from the toilet of the house of the petitioner. The learned counsel for the petitioner submits that the petitioner is innocent and though he is accused in one other case but he is on bail in the said case.
This Court finds that on account of bar under Section 76 sub-cluase (2) of the Bihar Prohibition and Excise Act, 2016, since the the recovery of illicit liquor has been made from
Patna High Court CR. MISC. No.84605 of 2019(2) dt.19-12-2019 2/2 the toilet of the house of the petitioner, the prayer for anticipatory bail would not be maintainable, hence the present petition stands dismissed.
Having regard to the facts and circumstances of the case, this Court deems it fit and proper to grant liberty to the petitioner to surrender before the learned court below within a period of four weeks from today whereupon the learned court below shall consider the prayer of the petitioner for grant of regular bail on the very same day and pass appropriate orders considering the fact that trivial quantity of illicit liquor has been recovered from the toilet of the house of the petitioner. (Mohit Kumar Shah, J) S.Sb/- U T