Mithlesh Kumar Rai @ Mithlesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19749 of 2023 Arising Out of PS. Case No.-582 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== MITHLESH KUMAR RAI @ MITHLESH RAI, Male, aged about 45 years, S/O DEEPAK RAI, Resident of Village- Sabalpur, Pachiyari Tola, P.S.- Sonepur, District- Saran.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vasant Vikas, Advocate For the Opposite Party :

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Sonepur P.S. Case No. 582 of 2020 for the offence registered under Sections 272, 273 of the I.P.C. and Sections 30(a), 38, 41 and 47 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 554.1 liters wine is said to have been recovered from the Tata Magic Van in question.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.19749 of 2023(2) dt.15-05-2023 2/3 He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 554.1 liters wine is recovered from the Tata Magic Van in question. The petitioner is named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of seized Van in question. The petitioner is alleged to be the owner of the said Van. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.19749 of 2023(2) dt.15-05-2023 3/3 the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Court below/concerned Court, in connection with Sonepur P.S. Case No. 582 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T