Mukesh Kr. Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21212 of 2019 Arising Out of PS. Case No.-283 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== MUKESH KR. RAI Son of Lakhindra Rai, Resident of Village- Motipur Purani Bazar, P.S- Motipur, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nitu Kumari For the Opposite Party/s :
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 This application, for grant of anticipatory bail, arises out of Excise Case No. 283 of 2017, disclosing offences under Sections 30(a), 32(2), 38 of the Bihar Prohibition and Excise Act, 2016.
Allegation is of recovery of about 358 litres of liquor from a truck and persons apprehended their disclosed the name of petitioner.
Submission of learned counsel for the petitioner is that save and except the confessional statement of apprehended person, there is nothing against the petitioner to show his involvement in the present case and prior to lodging of this case, he was not accused in any other case but subsequently, he has been made accused in one more case. Further submission is that
Patna High Court CR. MISC. No.21212 of 2019(2) dt.09-05-2019 2/2 co-accused having similar allegation has already been grand the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 18.09.2018 passed in Cr. Misc. No. 58330 of 2018.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur, in connection with Excise Case No. 283 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T