Mukesh Yadav @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5486 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

MUKESH YADAV @ MUKESH KUMAR Son of Rajendra Yadav Resident of Village- Ward No.15, Mahisoutha, Bauthaul, P.S.- Nanpur, DistrictSitamarhi. 2.

LALU RAI @ LALU YADAV Son of Nand Kishore Yadav Resident of Village- Ward No.15, Mahisoutha, Bauthaul, P.S.- Nanpur, DistrictSitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Ms.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-05-2022 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Nanpur P.S. Case No. 61 of 2021 registered for the offence punishable under section 30, 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. The alleged recovery has been made from the orchard of petitioner no. 2 which is an open

Patna High Court CR. MISC. No.5486 of 2022(2) dt.20-05-2022 2/2 place as is evident from the seizure list. Petitioners hahave no concern with the alleged illicit liquor. Petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing of his personal bond to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Sitamarhi in connection with Nanpur P.S. Case No. 61 of 2021 subject to the conditions laid down under section 438(2) Cr.P.C.

mcv/- (Arvind Srivastava, J) U T