Mithilesh Kumar Ram @ Mithilesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23191 of 2025 Arising Out of PS. Case No.-116 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Mithilesh Kumar Ram @ Mithilesh Ram S/o Sakhichandra Ram R/o VillageWard no. 3, Baghaut, P.S.- Manigachi , District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

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

3. A bare perusal of the first information report and the seizure list would go to show that 45 litres of illicit liquor was recovered from the two motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is owner of one of the motorcycles which is Hero Glamour motorcycle and this is the reason that his name has surfaced in the present case. It has been submitted that the said seized motorcycle was taken by the villager for urgent work but

Patna High Court CR. MISC. No.23191 of 2025(3) dt.18-06-2025 2/2 the same was put to misuse which was not within the knowledge of the petitioner. It has further been submitted that the seizure list was also not prepared in accordance with law as the statutory provisions of search and seizure were not followed. Petitioner has no criminal antecedent.

5. Learned APP for the State opposes for prayer for bail.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Andhramath P.S. Case No.116 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Jhanjharpur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) ajay/- U T