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2025 DAILYLAW 28564 (PAT)

Vicky Mahto v. The State of Bihar

CR. MISC./24212/2025 · 2025-04-11

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24212 of 2025 Arising Out of PS. Case No.-846 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vicky Mahto S/O Ashok Mahto R/O Village - Ismailpur, P.S- Sadar, District - Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 11-04-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Hajipur (Sadar) Police Station Case No. 846 of 2024, dated 07.11.2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act. 3. As per the first information report, a total quantity of 150 liters of country made liquor has been recovered from a tempo bearing Registration No. BR-31-PA-1073 belonging to the co-accused Lalu Sah @ Lala Sah, who along with the petitioner succeeded in fleeing away. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics at the instance of the local chowkidar. He Patna High Court CR. MISC. No.24212 of 2025(2) dt.11-04-2025 2/2 next submits that the petitioner is neither the owner nor the driver of the said tempo, from where illicit liquor has been recovered, and have no concern with the illicit liquor. He further submits that nothing has been recovered from conscious possession of the petitioner and/or vehicle belonging to him. The petitioner was not present at the place of occurrence. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner is a habitual offender having seven criminal antecedents of similar nature, I not am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, dismissed. ashwani/- (Anil Kumar Sinha, J) U T