Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14690 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- GANGABRIDGE District- Vaishali ====================================================== Mukesh Kumar Son of Rajendra Ray, Resident of Village- Diwan Tok, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate Smt. Priyanka Kumari, Advocate Smt. Kumari Rupa, Advocate Mr. Bhuwaneshwar Mahto, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ganga Bridge P.S. Case No.04 of 2025 instituted under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is total recovery of 83 litres country made liquor from two motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion only. There is no recovery from conscious possession of the petitioner. Petitioner was not

Patna High Court CR. MISC. No.14690 of 2025(2) dt.28-03-2025 2/2 apprehended on the spot. Except confessional statement of coaccused, petitioner has been made accused in this case. Petitioner has one criminal antecedent in which he is on bail. Petitioner has no concern with the motorcycle or the seized illicit liquor. The petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 learned Exclusive Special Excise Court No.1-cum-Addl. District and Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No.04 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T