Patna High CourtCR. MISC./19170/2024bail granted

Mukesh Singh v. The State Of Bihar

2024-03-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19170 of 2024 Arising Out of PS. Case No.-232 Year-2023 Thana- NAYAGAON District- Saran ====================================================== Mukesh Singh, aged about 45 years, Male, S/o Raj Kumar Singh, R/o Vill - Gopalpur, P.S. - Nayagaon, Dist. - Saran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Nayagaon P.S. Case No. 232 of 2023 dated 22.12.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, 30 litres of country made liquor was recovered from the bamboo-clump (Banswari) which is situated behind the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.19170 of 2024(2) dt.22-03-2024 2/2 possession of the petitioner. It is submitted that the Banswari and the motorcycle in question do not belong to the petitioner. There is no compliance of Section 100 of the Cr.P.C. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Saran at Chapra in connection with Nayagaon P.S. Case No. 232 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T