Patna High CourtCR. MISC./4771/2024bail granted

Mukesh Kumar Yadav v. The State Of Bihar

2024-02-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4771 of 2024 Arising Out of PS. Case No.-859 Year-2023 Thana- Excise P.S. DistrictLakhisarai ====================================================== Mukesh Kumar Yadav SON OF Kamal Yadav RESIDENT OF VILLAGESANTAR MOHALLA, WARD NO. 13, PS AND DIST- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Bilochan, Adv.

For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offenses punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The learned counsel appearing for the petitioner submits that the petitioner has antecedent of three cases and the allegation is of recovery of 73.785 liters of liquor from garbage dung.

4. The learned counsel for the petitioner next submits that the petitioner came to be implicated at the instance of local people but then the name of the local people in the F.I.R. is not disclosed which cast aspersion on the case of the prosecution. It is next submitted that it appears that in order to save the real

Patna High Court CR. MISC. No.4771 of 2024(2) dt.13-02-2024 2/2 culprit, the police has implicated the petitioner because of his antecedent when admittedly the petitioner was not present on the place of occurrence.

5. The learned A.P.P. opposes the anticipatory bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks, is directed to be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-V -cum- Special Excise Court No.2, Lakhisarai in connection with Excise P.S. Case No. 859C2 of 2023 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) brajesh/- U T