Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21982 of 2024 Arising Out of PS. Case No.-325 Year-2023 Thana- TILAUTHU District- Rohtas ====================================================== 1.

Mukesh Kumar Son Of Surendra Yadav Resident Of Village -Bhisra, P.S.- Amjhaur, District- Rohtas 2.

Sudhir Kumar Son Of Surendra Yadav Resident Of Village -Bhisra, P.S.- Amjhaur, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant, Adv For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

2. The petitioners apprehend their arrest in connection with Tilauthu P.S Case No. 325 of 2023 registered for the offence punishable under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 50 litres of country made liquor was recovered from the Plastic bag tied with the motorcycle.

4. Learned counsel for the petitioner submits that petitioners have falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioners. It is submitted that the

Patna High Court CR. MISC. No.21982 of 2024(2) dt.02-04-2024 2/2 petitioner no 2 is the owner of the motorcycle and the petitioner no. 1 parked his motorcycle at the Sanaura More. The petitioners have no concerned with the said liquor. There is no compliance of Section 100 of the Cr.P.C. The petitioners have clean antecedent.

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 their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs, 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, cum Additional Sessions Judge, Rohtas at Sasaram/ concerned court in connection with Tilauthu P.S. Case No. 325 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