Shankar @ Shankar Kumar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7923 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- PIPRA District- Supaul ====================================================== Shankar @ Shankar Kumar Mukhiya son of Shriprasad Mukhiya Resident of village- Baisa ward no 11, Near High School Ps- Bhaptiyahi District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shahid Aqubal For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Pipra P.S. Case No.159/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 16.5 litres of liquor from a bamboo bush Kaushal Patti Hardi road. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted that one Brezza car was also seized from the place of occurrence but then the liquor was not recovered from the said car but since the car belonged
Patna High Court CR. MISC. No.7923 of 2024(2) dt.26-02-2024 2/2 to the petitioner as such came to be implicated based on suspicion and thereafter the police got him implicated in confessional statement of co-accused also, when petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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 learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Special Exclusive Excise Court No.1cum-ADJ-IV, Supaul in connection with Pipra P.S. Case No.159/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T