Diwakar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85722 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- BELHAR District- Banka ====================================================== Diwakar Das Son of Singeshwar Das, Resident of Village - Bagdhaswa, P.S.- Belhar, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Belhar P.S. Case No.231 of 2019 registered for offence punishable under section 30 (a) (g) of the Bihar Prohibition and Excise (Amendment) Act and under section 3 of the Mahua Flower Act.

Allegation has been made that one person was intercepted with 14 kg. of Mahua. The Police party had gone to the village where the villagers had given information about this petitioner, he prepares the illegal liquor whereupon a raid was conducted and 2000 litres of java mahua was found and the same was destroyed and also 07 litres of prepared illicit country made liquor was recovered from plastic container. The petitioner

Patna High Court CR. MISC. No.85722 of 2019(2) dt.17-02-2020 2/2 has carried two more cases over his head.

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 will take decision in accordance with law, preferably on the same day.

(Shivaji Pandey, J) Mahesh/- U T