Mithun Kumar @ Mithu Rai @ Mithun Kr. Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20744 of 2025 Arising Out of PS. Case No.-196 Year-2023 Thana- CHAKAI District- Jamui ====================================================== MITHUN KUMAR @ MITHU RAI @ MITHUN KR. RAI Son of Shyam Kishore Rai @ Shyam Kishore Ray Resident of Village - Basbutti, P.S.- Chakai (Bichkorwa), District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 11.1 litres illicit liquor was recovered from two bags out of which one bag was seized from co-accused Tinku Kumar and other bag was recovered from roadside.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and the bags in question do not belong to the petitioner. Name of the petitioner transpired on the

Patna High Court CR. MISC. No.20744 of 2025(2) dt.23-04-2025 2/2 basis of confessional statement of co-accused Tinku Kumar. Petitioner bears no criminal antecedent of similar nature.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Excise Court-I, Jamui in connection with Chakai P. S. Case No. 196 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T