Mukesh Sah @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24018 of 2021 Arising Out of PS. Case No.-392 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== MUKESH SAH @ MUKESH KUMAR Son of Basudev Sah Resident of Village - Naudiha Tetaria, P.S.- Laxmipur @ Luxmipur, Dist.- Jamui.811312 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Narayan, Adv.
For the Opposite Party/s :
Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30 and 32 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 500 liters of Mahua liquor is said to have been recovered near a Health Centre. He submits that the place of occurrence does not belong to the petitioner.
Patna High Court CR. MISC. No.24018 of 2021(2) dt.07-12-2021 2/2 He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 30,000.00 (Rupees Thirty Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No. 2065104000002257, IFSC IBKL 0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lakmipur@ Luxmipur P.S. Case No. 392 of 2020, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 30,000.00 (Rupees Thirty Thousand) in the Chief Minister Relief Fund Bihar.
(Anjani Kumar Sharan, J) devendra/- U T