Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31298 of 2020 Arising Out of PS. Case No.-124 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== 1.
Mukesh Kumar, Son of Arvind Prasad, R/o Village- Rupaspur, P.S.- Khudaganj, District- Nalanda.
2.
Antu Kumar @ Ankit Kumar, Son of Arvind Prasad, Resident of VillageRupaspur, P.S.- Khudaganj, District- Nalanda. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-01-2021 Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners are apprehending their arrest in connection with Islampur P.S. Case No.124 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, which is pending in the court of learned A.D.J.-III-cum-Special Judge (Excise), Nalanda at Biharsharif.
Petitioners' counsel, after some arguments, submits that he would without raising the plea that even as per the seizure list, which has not been prepared in accordance with law, the recovery of 7 litres of liquor is from the roadside, while
Patna High Court CR. MISC. No.31298 of 2020(2) dt.08-01-2021 2/2 moving for grant of regular bail.
This Court would only observe that if the petitioners make their prayer for grant of bail upon surrender in the court below, the court below would be obliged to consider the same in accordance with law expeditiously and preferably on the same day.
The application stands disposed of.
This Court would expect that the petitioners' counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T