Mithlesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42877 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Mithlesh Kumar Ray Son of Niwas Ray R/O Village - Chakia, P.S. - Dorigang, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Koilwar P.S. Case No. 195 of 2024 instituted for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act.

3. The prosecution case, in short, is that total 241.92 litres of foreign liquor was recovered from truck.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.42877 of 2024(2) dt.26-06-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is only the owner of the truck and he was unaware of the fact the illicit liquor was loaded in the truck. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Koilwar P.S. Case No. 195 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T