Mukesh @ Mukesh Satyawan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13383 of 2022 Arising Out of PS. Case No.-313 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Mukesh @ Mukesh Satyawan, S/O Satyawan Resident Of Sai Prasad Society, Room No. 101 Road No. 7, Behind Agruti Trade Centre, P.S.- Andhrei West, Mumbai, Uburban Maharashtra, Pin- 400093, Also, Resident Of Sandwa (76), Bhiwani, P.O. And P.S.- Bhiwani, Haryana- 127043 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Apurva Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 120B and 34 of the Indian Penal Code and Sections 30(a), 32 and 41(i) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 2054 litre of liquor from the premises of Gaurav Yadav kept in a container vehicle.

The learned counsel for the petitioner submits that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is proprietor of Delhi, Mumbai

Patna High Court CR. MISC. No.13383 of 2022(2) dt.15-07-2022 2/2 Roadways Transport Company and the container from which alleged liquor was seized is registered in the name of Delhi, Mumbai Roadways. It is next submitted that the petitioner was completely unaware that the alleged container would be misused for such illegal purpose.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S. Kamal P. S. Case No.313 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T