Mithun Bin @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21610 of 2025 Arising Out of PS. Case No.-187 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Mithun Bin @ Mithun Kumar S/o Uga Bin @ Ugam Mahato Resident of village- Vishambharpur, PS- Vishambharpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Vishambharpur P.S. Case No.187 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 52 litres of country made liquor has been recovered from two plastic gunny bags kept near pitch road at Sipaya Khas. The allegation against the petitioner is that he fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure made by local chowkidar. Nothing has been recovered from possession of the petitioner. Petitioner has no concern with the seized illicit liquor. Petitioner

Patna High Court CR. MISC. No.21610 of 2025(2) dt.29-04-2025 2/2 was not present at the place of occurrence. The petitioner has one criminal antecedent in which he is on bail. Petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge IV-cum-Exclusive Special Excise Court No.II, Gopalganj in connection with Vishambharpur P.S. Case No.187 of 2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T