Mithilesh Rai @ Mithlesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69703 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- PARSA District- Saran ====================================================== Mithilesh Rai @ Mithlesh Rai S/o Late Mahesh Rai R/o Village - Vedwaliya, P.S - Parsa, District - Saran At Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate.

For the Opposite Party/s :

Mr. Kanhiya Kishor, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act and Section 336(3), 341(1) of the B.N.S., 2023.

3. As per prosecution case, there is recovery of 136.770 litre illicit foreign liquor from the motorcycle, tempo and Bolero vehicles which were parked at the semi-constructed house of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has no concern with the Motorcycle, Tempo or Bolero in question. Learned counsel submits that the house where the said vehicles were parked is semi-constructed house of petitioner and he is not residing there.

Patna High Court CR. MISC. No.69703 of 2025(2) dt.14-10-2025 2/2 He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner has no concern with the alleged seized liquor. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran at Chapra in connection with Parsa P.S. Case No.80 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T