IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57579 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Bhola Mahto Son of jageshwar Mahto village- Belsandi tara, Ps- Bibhutipur, samastipur, bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bibhutipur P.S Case No. 11 of 2024 instituted for the offence punishable under Sections 272, 273 of the I.P.C and Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per allegation in the FIR, total 1265.400 litres of liquor has been recovered from the tanker. 4. Learned counsel for the petitioner submits that petitioner has two criminal antecedents. He also submits that petitioner is innocent and he has not committed any offence. He has been falsely been implicated in this case. Patna High Court CR. MISC. No.57579 of 2024(2) dt.17-01-2025 2/2 5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that granting anticipatory bail to the petitioner may affect the investigation of this case. 6. From perusal of the F.I.R., seizure list, impugned order and case diary, it appears that petitioner is named in FIR and his name surfaced from the confessional statement of other co-accused. Moreover, petitioner has two criminal antecedents of same nature. Prima facie, it appears involvement of the petitioner in this case. 7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the present petition is barred by Section 76(2) of Bihar Prohibition and Excise Act, 2016, I am not inclined to grant anticipatory bail to the petitioner. 8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected. Mayank/- (Ramesh Chand Malviya, J) U T