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2025 DAILYLAW 39013 (PAT)

Rishi Mahto @ Rishi Kumar v. The State of Bihar

CR. MISC./31317/2025 · 2025-08-13

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31317 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- AURAI District- Muzaffarpur ====================================================== Rishi Mahto @ Rishi Kumar S/o Late Upendra Mahto R/o Vill- Shahi Minapur, P.S.- Aurai, Distt- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jagjit Roshan, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 13-08-2025 Heard learned counsels for the parties. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 8 20 ( b ), 11 ( b) of the N.D.P.S. Act and section 30 (a) of the Bihar Prohibition and excise Act. 3 . As per prosecution case , on the alleged date and time of occurrence , 56.28 liters of illicit foreign liquor and 14 kgs. of Narcotics ( ganja) was recovered from the house of co- accused Girish Sah . 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case . The name of the petitioner transpired during course of investigation in the confessional statement of other co-accused persons. No incriminating article Patna High Court CR. MISC. No.31317 of 2025(4) dt.13-08-2025 2/2 has been recovered from conscious possession of this petitioner. 5 . On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner along with other co- accused persons are involved in the present case and huge quantity of illicit liquor and ganja has been recovered from the spot. Petitioner has got 1 criminal antecedent of similar nature . 6. Considering the aforesaid facts and circumstances, nature of accusation and huge recovery of illicit liquor and ganja , the prayer for grant of anticipatory bail to the petitioner is rejected Koushik/- (Prabhat Kumar Singh, J) U T