Dismissed¶17

Manna Lal Mahto @ Mana Lal Mahto v. The State of Bihar

Anticipatory Bail – Rejected

Patna HC26 Jun 2024CR. MISC./36920/2024

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What is this about?

Patna High Court; Criminal Miscellaneous No.36920 of 2024; decided 26-06-2024; Justice Anjani Kumar Sharan; anticipatory bail rejected; Jhanjharpur Excise P.S. Case No. 39 of 2024; Madhubani; Bihar Excise (Prohibition) Amendment Act, 2018; Sections 30(a), 32(1), 32(3); 189 liters nepali liquor; recovery from hut east of petitioner's house; general and omnibus allegation; no recovery from conscious possession; one criminal antecedent; Manna Lal Mahto @ Mana Lal Mahto; State of Bihar.

What did the court decide?

On consideration of the facts and circumstances, and specifically because illicit liquor was said to have been recovered from the house of the petitioner, the Judge was not inclined to enlarge the petitioner on anticipatory bail. ¶17

Manna Lal Mahto @ Mana Lal Mahto Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36920 of 2024

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Arising Out of PS. Case No.-39 Year-2024 Thana- Excise P.S. District- Madhubani

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

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Manna Lal Mahto @ Mana Lal Mahto S/o Late Jugut Lal Mahto R/o vill - Chhotaki Sangi, ward no. 12, P.S. - Phulparas, Distt. - Madhubani

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 26-06-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in Jhanjharpur Excise P.S. Case No. 39 of 2024 registered for the offences punishable under Sections 30(a), 32(1), 32(3) of the Bihar Excise (Prohibition) Amendment Act, 2018.

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As per the prosecution case, 189 liters of nepali liquor is said to have been recovered from the hut situated in the east of the house of the petitioner.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that nothing has been recovered from conscious possession of the

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Patna High Court CR. MISC. No.36920 of 2024(2) dt.26-06-2024 2/2

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petitioner. The petitioner has one criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes the prayer for

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anticipatory bail.

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Considering the facts and circumstances of case and the fact that the illicit liquor is said to have been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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(Anjani Kumar Sharan, J)

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anand/- U T

Manna Lal Mahto @ Mana Lal Mahto v. The State of Bihar

Case brief

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Manna Lal Mahto @ Mana Lal Mahto v. The State of Bihar

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