Mukesh Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58648 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- KHIRHAR District- Madhubani ====================================================== Mukesh Shah S/o Bihari Shah @ Chamak Shah, resident of village - Khirhar, P.S.- Khirhar , District- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-09-2018 Heard Sri Subhash Kumar Jha, learned counsel for the petitioner and Sri Ramesh Chandra, learned Add. Public Prosecutor.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending his arrest in Khirhar P.S. Case No. 47 of 2018 registered for offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that nothing was recovered from conscious possession of the petitioner, rather from outside house of the petitioner, recovery of about 15 liters Nepali wine was shown and

Patna High Court Cr.Misc. No.58648 of 2018(2) dt.20-09-2018 2/2 since the petitioner is resident of nearby place, he has falsely been made accused.

Be that as it may, considering the nature of accusation as well as clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Mukesh Shah be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 2nd - cum- Special Judge, Excise Act, Madhubani, in connection with Khirhar P.S. Case No. 47 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T