Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1602 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== MUKESH KUMAR Son of Nand Kishore Prasad Resident of Back of Tata Motors, New Bigrahpur, P.S.- Phulwari, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mrs. Priya Gupta For the Opposite Party/s :

Mrs. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ganga Bridge P.S. Case No.103 of 2019, G.R. No.355 of 2019, CNR No. BRVA 010048692019 registered for the offence punishable under sections 272, 273 and 414 of the Indian Penal Code and sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., the police personnel signalled a white coloured car coming from the direction of Patna to stop. It is stated that the driver stopped the vehicle but managed to escape. On search, 63 litres of IMFL was recovered. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.1602 of 2020(2) dt.26-02-2020 2/2 that no recovery as alleged has taken place from the vehicle of the petitioner and he has been falsely implicated in this case. The petitioner has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above including the petitioner not having any criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Ganga Bridge P.S. Case No.103 of 2019, G.R. No.355 of 2019, CNR No. BRVA 010048692019, he will be enlarged on bail 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 Additional Sessions Judge-II-cumExcise Court, Vaishali at Hajipur, subject to the condition as laid down under section 438(2) of the Criminal Procedure Code. (Partha Sarthy, J.) amit/- U T