Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29118 of 2020 Arising Out of PS. Case No.-556 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== Mukesh Singh, S/o Nand Kishor Singh @ Nand Kishor, Resident of VillageBalua, Ward No.2, Harsidhi, P.S.-Paharpur, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Smt. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-01-2021 Heard learned counsel for the parties through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 413, 414, 420, 467, 468, 353 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 257.06 liters of illicit liquor was recovered from a pick-up van which was parked beside the road.

It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner. Petitioner is neither the owner nor the driver of the vehicle and has no concern with the alleged recovery.

However, learned A.P.P. for State vehemently opposed

Patna High Court CR. MISC. No.29118 of 2020(3) dt.05-01-2021 2/2 the prayer for bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in Majhaulia Police Station Case No.556 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ankit/- U T