Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15725 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- Raghunathpur Excise District- Siwan ====================================================== Mukesh Kumar Son of Sudarshan Sah Resident of vill-Saidpur PS- M .H Nagar Hasanpura Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Raghunathpur Excise P.S. Case No. 197 of 2024 instituted for the offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016.

3. The case of the prosecution is that from a motorcycle altogether 51.840 litres of country made foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. A statement has been made in para-3 of this petition that the petitioner is having criminal antecedent of 5 cases, out of which

Patna High Court CR. MISC. No.15725 of 2025(2) dt.21-04-2025 2/2 3 are of similar nature. It has further been submitted that he was not apprehended and he has been named in this case because he is the owner of the motorcycle. It has also been submitted that one of his friend has taken his bike for some urgent work.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

6. 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 Raghunathpur Excise P.S. Case No. 197 of 2024, 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 Exclusive Special Excise Court No.II, Siwan, subject to the conditions as laid down under section 438(2) of the Cr.P.C., with the condition that the petitioner shall not indulge in similar nature of offences in the future.

(Ashok Kumar Pandey, J) Anushka/- U T