Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78126 of 2018 Arising Out of PS. Case No.-426 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Mukesh Kumar S/o Vinod Prasad, R/o Vill.- Kaptanganj, Golden Tailors, Khabharabhar Kushi Nagar, Subhash Chowk, District- Khusi Nagar (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Siwan (Mufasil) P.S.Case No.426/18 , registered for offences punishable under Sections 272, 273, 279, 337, of the Indian Penal Code and Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 180 ml. of the foreign liquor from the Car of the petitioner. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case, having no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, especially quantity of the liquor and the

Patna High Court Cr.Misc. No.78126 of 2018(2) dt.07-01-2019 2/2 petitioner has no criminal incident, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumSpecial Judge Excise, Siwan, District Siwan in connection with Siwan Muffasil P.S.Case No.426 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further that the petitioner shall co-operate in the investigation.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T