Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21647 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Mukesh Kumar son of Vishwanath Sah Village- Purainiya Ps- Kalyanpur Dist- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 50.250 liters of liquor from the place of occurrence. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that from perusal of the allegation as alleged in the FIR it would manifest that even the alleged place of recovery is not clear that is whether the liquor was recovered from the shop

Patna High Court CR. MISC. No.21647 of 2023(2) dt.15-05-2023 2/2 or from the place behind the house of the petitioner, thus the learned counsel submits that this amply demonstrates that an attempt has been made by the police to falsely implicate the petitioner in order to save the real culprit. It is further submitted that since petitioner has an antecedent, as such, he has been made a scapegoat.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kalyanpur P.S. Case No. 79 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T