Mithlesh Kumar Ray @ Mithlesh Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3019 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- GADHPURA District- Begusarai ====================================================== Mithlesh Kumar Ray @ Mithlesh Kumar Rai Son of Lakhan Ray @ Lakhan Rai R/O Vill- Ghuranma Birnamatula Tola Ward No.- 9, P.S.- Angar Ghat, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Gadhpura PS Case No. 132 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 540 litres of foreign liquor was recovered from pick-up van. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the seized vehicle and he has no knowledge regarding the nature of goods booked by the
Patna High Court CR. MISC. No.3019 of 2025(2) dt.27-01-2025 2/2 transporter. The petitioner is in custody since 29.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gadhpura PS Case No. 132 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T