Mithlesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5606 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Mithlesh Rai Son Of Ramayan Rai Resident Of Village- Bahrampur, P.S.- Baikunthpur, District- Gopalganj.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Baikunthpur P.S. Case no. 222 of 2021 instituted for the offence punishable under Section 30(a)/41 and 47 of the Bihar Prohibition and Excise Amendment Act, 2018.

Prosecution case relates to recovery of 40 litres country made wine from the flour mill of the the co-accused. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery.

Patna High Court CR. MISC. No.5606 of 2022(2) dt.01-07-2022 2/2 Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner has criminal antecedent of the similar nature.

Having heard learned counsel for the parties and taking into consideration that the petitioner has criminal antecedent of the similar nature, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected with direction to surrender and seek regular bail. (Prabhat Kumar Singh, J) shashi/- U T