Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23411 of 2021 Arising Out of PS. Case No.-149 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== MOHAN KUMAR Son of Shivmangal Ray Resident of Village- Pipra, P.S.- Chhauradano (Jitna), District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ghorasahan P.S. Case no. 149 of 2020 instituted for the offence under Sections 188, 269, 270 and 271 of the Indian Penal Code, Section 3 of Epidemic Disease and 30(a) of the Bihar Prohibition and Excise Act.

Prosecution story relates to recovery of approx 35 litres country made liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.23411 of 2021(2) dt.06-01-2022 2/2 has submitted that petitioner is innocent and has committed no offence. The alleged recovery has been made from bank of river and not from the conscious and constructive possession of the petitioner. The name of the petitioner has been disclosed in this case by the co-villagers due to enmity, which has no evidentiary value in the eye of law.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ghorasahan P.S. Case no. 149 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U