Mukesh Yadav @ Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32120 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Mukesh Yadav @ Mukesh Kumar Yadav Son Of Kishori Yadav R/O VillageKadwahi, P.S.- Basopatti, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the I.P.C. and Section 30(a) of the Excise Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 63 litres of liquor from a bag loaded on a scooty and a motorcycle.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner came to be implicated as he is owner of the scooty. It is further submitted that no prudent person would use

Patna High Court CR. MISC. No.32120 of 2023(2) dt.24-05-2023 2/2 his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is next submitted that petitioner was completely unaware that his friend would misuse his vehicle in the manner as alleged, when admittedly petitioner is a person with clean antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with G.R. No.336 of 2023 arising out of Basopatti P. S. Case No.51 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T