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Mithu Rai @ Mithu Ray Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

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Mithu Rai @ Mithu Ray Vs The State Of BiharMithu Rai @ Mithu Ray v. The State Of Bihar

Allowed¶22

Mithu Rai @ Mithu Ray v. The State Of Bihar

Patna HC19 Aug 2024CR. MISC./59465/2024

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No.59465 of 2024, decided 19-08-2024 by Justice Chandra Prakash Singh. Petitioner Mithu Rai @ Mithu Ray (counsel: Chandra Mohan Jha); opposite party The State of Bihar (A.P.P.: Pushpa Sinha). Bail application under Section 30(a), Bihar Prohibition and Excise Act, arising out of Karza (Karja) P.S. Case No. 160 of 2024 dated 05.07.2024, Muzaffarpur; alleged recovery of 222.150 litres illicit foreign liquor and 60 litres beer from a tractor; one criminal antecedent; custody since 06.07.2024. Application allowed; bail on Rs. 20,000 bond with two like sureties.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Muzaffarpur, in connection with Karza P.S. Case No. 160 of 2024.

Why is it important?

Considering the facts and circumstances of the case, the nature of allegation levelled against the petitioner and the period of custody, the petitioner was directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Muzaffarpur. ¶21

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Muzaffarpur, in connection with Karza P.S. Case No. 160 of 2024.

Issue for consideration

Whether the petitioner, booked under Section 30(a) of the Bihar Prohibition and Excise Act in Karza P.S. Case No. 160 of 2024 after recovery of illicit liquor and beer from a tractor, should be enlarged on regular bail, considering the nature of the allegation and his period of custody.

Ratio / Principle

Considering the facts and circumstances of the case, the nature of allegation levelled against the petitioner and the period of custody, the petitioner was directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Muzaffarpur.

Key takeaways

The bail application stands allowed.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), oral order dt. 19-08-2024 in Cr. Misc. No. 59465 of 2024 (arising out of Karza P.S. Case No. 160 of 2024, Muzaffarpur): Regular bail granted to Mithu Rai @ Mithu Ray, accused under S. 30(a) of the Bihar Prohibition and Excise Act, where 222.150 litres of illicit foreign liquor and 60 litres of beer were alleged to have been recovered from a tractor. Petitioner pleaded innocence, denied ownership of/driving the vehicle and conscious possession, disclosed one criminal antecedent, and had been in custody since 06.07.2024. Considering the facts and circumstances, nature of allegation and period of custody, he was ordered released on a bail-bond of Rs. 20,000 with two sureties of the like amount each.

A

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

2 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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, booked under Section 30(a) of the Bihar Prohibition and Excise Act in Karza P.S. Case No. 160 of 2024 after recovery of illicit liquor and beer from a tractor, should be enlarged on regular bail, considering the nature of the allegation and his period of custody.¶15

Statutes considered

1 provisions across 1 enactments

AI extract

Bihar Prohibition and Excise Act30(a)¶15

Procedural history

How this case reached the court

AI extract

Prior proceeding
Karza P.S. Case No. 160 of 2024 dated 05.07.2024, District Muzaffarpur, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.¶15
Prior proceeding
Prosecution case: 222.150 litres of illicit foreign liquor and 60 litres of beer were recovered from a tractor.¶16
Prior proceeding
Petitioner has one criminal antecedent (stated in para 3 of the bail petition) and has been in custody since 06.07.2024.¶19

Parties & counsel

AI extract

petitioner
Mithu Rai @ Mithu Ray Son of Late Jitan Rai¶4
Chandra Mohan Jha
respondent
The State of Bihar¶7
Pushpa Sinha

Coram

AI extract

Chandra Prakash Singhauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 19 Aug 2024 · August
Registered: 9 Aug 2024
Case no.: CR. MISC./59465/2024
CNR: BRHC010803142024
Bench: Chandra Prakash Singh
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Mithu Rai @ Mithu Ray v. The State Of Bihar, CR. MISC./59465/2024 (PAT), decided on 19 August 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Bihar Prohibition and Excise Act30(a)

View all statutes

Procedural history3

Karza P.S. Case No. 160 of 2024 dated 05.07.2024, District Muzaffarpur, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case: 222.150 litres of illicit foreign liquor and 60 litres of beer were recovered from a tractor.

View full history

Bench / Coram

Chandra Prakash Singh

Parties & counsel