Patna High CourtCR. MISC./59465/2024bail granted

Mithu Rai @ Mithu Ray v. The State Of Bihar

2024-08-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59465 of 2024 Arising Out of PS. Case No.-160 Year-2024 Thana- KARJA District- Muzaffarpur ====================================================== Mithu Rai @ Mithu Ray Son of Late Jitan Rai R/O Vill.- Banafar, P.S.- Baniyapur, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Karza P.S. Case No. 160 of 2024 dated 05.07.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 222.150 litres of illicit foreign liquor and 60 litres of beer were recovered from the Tractor.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said vehicle and

Patna High Court CR. MISC. No.59465 of 2024(2) dt.19-08-2024 2/2 the same was not being driven by him at the time of the alleged recovery. The name of the petitioner has transpired in this case merely on the basis of the suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur, in connection with Karza P.S. Case No. 160 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T