Mukesh Rai @ Mukesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8945 of 2020 Arising Out of PS. Case No.-287 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== MUKESH RAI @ MUKESH RAY Son of Krishna Rai Resident of Gandhi Chowk Hamampar, P.S.- Khajekalan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 6023 of 2019 arising out of Khajekalan P.S. Case No. 287 of 2019 for the offence registered under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 17.100 liters of illicit liquor from an open space situated near the house of one Ajeet Kumar.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he is having a clean antecedent and the illicit liquor has neither been recovered from the conscious possession of the petitioner nor from his house,

Patna High Court CR. MISC. No.8945 of 2020(2) dt.02-03-2020 2/2 hence the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I find that prima facie no offence is made out under the provisions of the Bihar Prohibition and Excise Act, 2016 qua the petitioner herein as far as the case of the petitioner for grant of anticipatory bail is concerned. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 6023 of 2019 arising out of Khajekalan P.S. Case No. 287 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T