Mithilesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79554 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Mithilesh Kumar Ray S/O Surendra Ray @ Solendra Ray R/O VillageMotipur, Ps. Tajpur,Dist. Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sarai Ranjan P.S. Case No. 271 of 2023 registered under sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 1417.5 liters of country made liquor from altogether three vehicles and this petitioner was the driver of bolero vehicle from which total 180 liters out of 1417.5 liters of illegal liquor was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that nothing incriminating has been recovered from the conscious

Patna High Court CR. MISC. No.79554 of 2023(2) dt.11-12-2023 2/3 possession of the petitioner and he has no concern with the seized illicit liquor. Moreover, he is languishing in judicial custody since 26.09.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 10,000/- (Rs. Ten Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sarai Ranjan P.S. Case No. 271 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge(Excise)-02, Samastipur.

The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten Thousand) by the petitioner in the

Patna High Court CR. MISC. No.79554 of 2023(2) dt.11-12-2023 3/3 account of concerned DLSA.

(Sunil Kumar Panwar, J) Shubham/- U T