Mukesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19274 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Mukesh Ram S/o Late Yogendra Ram R/o Vill - Murtiya, P.S. - Adapur, Dist. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rananjay Kumar, Adv For the Opposite Party/s :
Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.
2. The petitioner apprehends his arrest in connection with Adapur P.S Case No. 354 of 2023 instituted under Section 30(a), 32,42 (1) of the Bihar Prohibition & Excise Amendment Act.
3. As per the prosecution case, total 327 litres of Nepali liquor was recovered near the railway crossing.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the apprehended person. The said recovery has been made from an open place which is accessible to public. Nothing
Patna High Court CR. MISC. No.19274 of 2024(2) dt.27-03-2024 2/2 incriminating article has been recovered from conscious possession of the petitioner. The petitioner has one criminal antecedent. Similarly situated co-accused namely, Dhurendra Patel @ Dhurendar has already been granted bail by this Court in Cr. Misc. No. 18260 of 2024 vide order dated 18.03.2024.
5. Learned APP for the State Opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, East Champaran, Motihari/ concerned court in connection with Adapur P.S. Case No. 354 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. N.K/- (Chandra Prakash Singh, J) U T