Mantu Ray @ Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30660 of 2022 Arising Out of PS. Case No.-220 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== MANTU RAY @ MANTU RAI SON OF LATE NANDA RAY R/O VILLAGE- DIWANTOLK SOUTH WARD NO.-6, P.S.- GANGABRIDGE, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(A), 30(c) of the Bihar Prohibition and Excise Act, 2018.

Altogether 10 liters of country made liquor, 3 dram with mahua liquor weight 500 kg is said to have been recovered from the place of occurrence. One person was apprehended from the spot and he disclosed the name of the petitioner. The allegation against the petitioner is that after seeing police, he fled away from the spot.

Patna High Court CR. MISC. No.30660 of 2022(2) dt.02-09-2022 2/2 Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. His name transpired in the case on the statement of the apprehended person. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. The spot and the vehicle from which the recovery has been made does not belongs to the petitioner. Petitioner has one criminal antecedent.

Learned APP for the State opposed the bail application and submits that the petitioner is a member of syndicated involved in the manufacturing and trade of illicit liquor. Considering the aforesaid facts and circumstances, since the petitioner is a member of syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application shall stand dismissed.