Mukesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42589 of 2022 Arising Out of PS. Case No.-393 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Mukesh Kumar Ray S/o- Laxman Ray Resident of Village - Mahua Singh Ray, P.S.- Mahua, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Pratima Kumari For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Mahua P.S. Case No. 393 of 2022, registered for the offence punishable under Section 414/34 of the Indian Penal Code and section 30(a), 32(ii), 34(ii), 38(ii), 41(i) of the Bihar Prohibition and Excise Act.

1347.84 litres of foreign liquor has been recovered from a truck.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner is neither driver nor owner of vehicle in question.

Counsel for the State vehemently opposed the bail application and submitted that petitioner has got one criminal

Patna High Court CR. MISC. No.42589 of 2022(3) dt.09-12-2022 2/2 antecedent of similar nature.

Considering the criminal antecedent, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T