Dismissed

Dharmnath Mahto v. the State of Bihar

Patna HC22 Aug 2022CR. MISC./3684/2022

Case brief

AI extract

What is this about?

In CR. Misc. No. 3684 of 2022, the Patna High Court rejected a petition for anticipatory bail under Section 76(2) of the Bihar Prohibition and Excise Act regarding an encounter where liquor was recovered from the petitioner's vehicle while he fled. The court directed the petitioner to remove application defects within one month and observed the petitioner is of clean antecedents, allowing a regula

What did the court decide?

Petitioner directed to remove defects within one month; allowed to surrender for regular bail to be disposed of on merit.

Dharmnath Mahto Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3684 of 2022

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Arising Out of PS. Case No.-204 Year-2020 Thana- MIRGANJ District- Gopalganj

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======================================================

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DHARMNATH MAHTO SON OF GOPAL MAHTO R/O- NERUAI, P.S.EKDANGA, DISTRICT- GOPALGANJ

... ... Petitioner

Versus

THE STATE OF BIHAR

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr.Shashank Shekhar, Adv. For the Opposite Party/s : Mr.Akbar Ali, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 22-08-2022

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Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner as well as learned APP for the State.

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The petitioner apprehends his arrest in connection with Mirganj P.S. Case No. 204 of 2020, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per allegation, when the police party intercepted the bike of the petitioner, he became successful in fleeing away after leaving his bike. Four litres of liquor was recovered therefrom.

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Learned counsel for the petitioner has submitted that nothing was recovered from his conscious possession. He is a person of clean antecedent and he is merely owner of the bike wherefrom

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Patna High Court CR. MISC. No.3684 of 2022(2) dt.22-08-2022 2/2

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the alleged liquor was recovered.

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Considering the fact by virtue of Section 76 (2), no privileges of anticipatory bail can be entertained.

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The petition is being disposed of with the observations that if the petitioner surrenders before the court below and makes a prayer for regular bail, that shall be disposed of on its own merit without being prejudiced by this order. The learned court below may take notice of the fact that the petitioner is a person of clean antecedent.

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Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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SONALI/-

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U T

Dharmnath Mahto v. the State of Bihar

Case brief

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Dharmnath Mahto v. the State of Bihar

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