Mithelesh Kumar @ Mithlesh Rai @ Mithales Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89045 of 2024 Arising Out of PS. Case No.-909 Year-2024 Thana- BIHTA District- Patna ====================================================== Mithelesh Kumar @ Mithlesh Rai @ Mithales Ray S/O Narayan Rai @ Satyanarayan Rai @ Satya Narayan Ray Resident of Village- Madahi @ Maudahi, Police Station- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2025 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in connection with Bihta P.S. Case No.909 of 2024, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3.

As per the FIR, police recovered 50 litres of country made liquor and apparatus used in manufacturing of liquor from the spot. Police is also said to have destroyed 7000 litres of raw mahua on the spot. The allegation against the petitioner is that he and other co-accused persons fled away from the spot. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. There is no recovery of illicit liquor from the possession of the petitioner. Petitioner was not apprehended on the spot. His name

Patna High Court CR. MISC. No.89045 of 2024(2) dt.08-01-2025 2/2 transpired in the present case merely on the basis of suspicion. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, since there is allegation of manufacturing of illicit liquor against the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T