Mukesh Yadav @ Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2303 of 2019 Arising Out of PS. Case No.-298 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== Mukesh Yadav @ Mukesh Kumar Yadav, s/o Birendra Yadav @ Birendra Chaudhary Resident of Village-Chhapia Bujurg, P.S.- Hussainganj, DistrictSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Md. Ansar Ul Haque(App 159) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Hussainganj P.S. Case No. 298/2018, instituted for offence under Section(s) 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

6 litres of illicit country made liquor is alleged to have been recovered from the orchard of Rajan Mian. Name of this petitioner has been disclosed by Mohan Pasi. There is no recovery from conscious possession of this petitioner. It is mentioned in para 3 of bail petition that two more cases of Excise Act is pending against this petitioner. Petitioner is in custody since 30.09.2018.

Considering the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.2303 of 2019(4) dt.07-02-2019 2/2 prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Hussainganj P.S. Case No. 298/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. The petitioner will file affidavit at the time of release that he would not indulge himself in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond will liable to be cancelled.

(Sanjay Priya, J) rakhi/- U T