Dismissed

Mantun Mahto v. The State of Bihar

Patna HC4 Jul 2023CR. MISC./5555/2023

Case brief

AI extract

What is this about?

The High Court at Patna dismissed an anticipatory bail application filed by Mantun and Brhaspati Mahto, alleging arrest under the Bihar Prohibition and Excise Act. The Court held the application not maintainable, distinguishing the case based on a Full Bench decision where liquor was recovered from the petitioner's house.

What did the court decide?

The anticipatory bail application was dismissed as not maintainable.

Mantun Mahto Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5555 of 2023

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Arising Out of PS. Case No.-142 Year-2022 Thana- BIRAUL District- Darbhanga

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

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MANTUN MAHTO s/o LATE BALESHWAR MAHTO R/v- Parsarma, P.S.- Biraul, District- Darbhanga

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BRIHASPATI MAHTO S/O LATE BALESHWAR MAHTO R/v- Parsarma, P.S.- Biraul, District- Darbhanga

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kedar Jha For the Opposite Party/s : Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 04-07-2023

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Heard learned counsel for the petitioners and the

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State.

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Petitioners apprehend arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act-2016.

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Prosecution case is that 11 liters of country made chulai liquor was recovered from the house of the petitioners.

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Learned counsel appearing for the petitioners submits that the petitioner is innocent and have falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioners and they are no way connected with the aforesaid recovery. Petitioners claim clean

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Patna High Court CR. MISC. No.5555 of 2023(4) dt.04-07-2023 2/2

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antecedent.

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Learned counsel for the State submits that the recovery has been made from the house of the petitioner. Considering the fact that the recovery of alcohol has been made from the house of the petitioner, this application for grant of anticipatory bail to the petitioner is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

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Accordingly, this anticipatory bail application is dismissed as not maintainable.

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(Prabhat Kumar Singh, J)

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Kaushik/-

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U T

Mantun Mahto v. The State of Bihar

Case brief

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Mantun Mahto v. The State of Bihar

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