Mukesh Yadav @Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27987 of 2024 Arising Out of PS. Case No.-272 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Mukesh Yadav @Mukesh Kumar Son Of Pagala Yadav @ Rameshwar Yadav Resident Of Village - Suremanpur, Ps- Sahpur, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Singh, Adv.
For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sahpur P.S. Case No. 272 of 2023, lodged on 18.06.2023 under Sections 30(a) of the Bihar Prohibition and Excise Act 2018 read with sections 25(1-b)a/26/35 of the Arms Act.
3. As per the prosecution case, total 70.2 litres of illicit liquor has been recovered which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner has not been apprehended from the place of occurrence, rather his name has been figured in this case by virtue of confessional statement of co-accused namely
Patna High Court CR. MISC. No.27987 of 2024(2) dt.15-05-2024 2/2 Rahul Ray from whose possession, illicit liquor and arms have been recovered. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 28.02.2024.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.-II, Bhojpur at Ara in connection with Sahpur P.S. Case No. 272 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.
(Dr. Anshuman, J.) Divyansh/- U T