Mithun Kumar @ Mithun Roy v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Amendment Act ss. 30(a), 32
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 77. Accordingly, the present bail application stands allowed. durgesh/- U T (Ashok Kumar Pandey, J)
Judgment
For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER Mr. Rudra Deo, Advocate Ms. Pushpa Sinha No.1, APP 2 18-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Alamganj P.S. Case No.659 of 2024 instituted for the offence under Section 30(a), 32 of the Bihar Prohibition and Excise Amendment Act.
The case of the prosecution is that 06.30 liters of foreign liquor was recovered from a scooty. One minor was Patna High Court CR. MISC. No.68868 of 2024(2) dt.18-10-2024 apprehended from the spot. He disclosed the name of these petitioners. It has been observed that these petitioners are involved in supply of liquor which is being sold by the minor.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted that the petitioners were neither apprehended and nor have any concern with the scooty. Their name has surfaced in the statement of the apprehended minor. Petitioners are having clean antecedent.
In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Alamganj P.S. Case No.659 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City, Patna subject to the conditions as laid down Patna High Court CR. MISC. No.68868 of 2024(2) dt.18-10-2024 under section 438(2) of the Cr.P.C.
Accordingly, the present bail application stands allowed. durgesh/- U T (Ashok Kumar Pandey, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.