Mithu Ray @ Mithun Kumar @ Mithu Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31920 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- SARAI RANJAN District- Samastipur ====================================================== MITHU RAY @ MITHUN KUMAR @ MITHU KUMAR RAY Son of Kameshwar Ray Resident of Village - Chakwa, P.S. - Sarairanjan, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Nath Jha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sarairanjan Police Station Case No. 148 of 2020, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police, on the basis of secret information that the petitioner has concealed huge quantity of illicit liquor near the pond of Ram Janaki Math, proceeded towards the place of occurrence and recovered a total quantity of 72 litres of illicit liquor.

Patna High Court CR. MISC. No.31920 of 2021(2) dt.14-12-2021 2/3 Learned Counsel for the petitioner submits that the petitioner was not arrested by the police from the spot and his name has come on the basis of secret information received by the police. He further submits that the pond, from where the illicit liquor has been recovered, is an open space, accessible to all and sundry. He next submits that the petitioner is in custody since 19.12.2020 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that illicit liquor has not been recovered from the conscious possession of the petitioner, charge sheet has already been submitted and the petitioner is in custody since 19.12.2020, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Samastipur, in connection with Sarairanjan Police

Patna High Court CR. MISC. No.31920 of 2021(2) dt.14-12-2021 3/3 Station Case No. 148 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √