Mukesh Yadav @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21522 of 2025 Arising Out of PS. Case No.-9 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== Mukesh Yadav @ Mukesh kumar S/o Shambhu Rai @ Shambhu Yadav R/o vill - Bara Bariyarpur, ward no. 13, P.S.- Chhatauni, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Chhatauni P.S. Case No. 9 of 2021 in a case registered for the offences punishable under Sections 414 and 34 of the Indian Penal code and under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 1222.860 litres illicit foreign liquor was recovered from a container.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case merely on the basis of suspicion. Petitioner was not arrested from the spot and his name transpired on the basis of disclosure made by villagers. Nothing was recovered from the conscious possession
Patna High Court CR. MISC. No.21522 of 2025(2) dt.16-05-2025 2/2 of the petitioner and petitioner is not the owner of the said container. Petitioner is in custody since 12.01.2025.
5. Learned A.P.P. for the State vehemently opposes the bail application and submits that petitioner carries three criminal antecedents of similar nature.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Motihari, East Champaran, in connection with Chhatauni P.S. Case No. 9 of 2021.
(Prabhat Kumar Singh, J) Shahnawaz/- U T