Mumesh Sao @ Mukesh Kumar Keshari @ Mukesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40147 of 2024 Arising Out of PS. Case No.-1052 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== 1.

Mumesh Sao @ Mukesh Kumar Keshari @ Mukesh Sao S/o Ganesh Sao R/o vill - Kesapi, P.S. - Dobhi, Distt. - Gaya 2.

Binod Kumar @ Vinod Kumar @ Binod Prasad S/o Kedar Prasad R/o vill - Kesapi, P.S. - Dobhi, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 414 of the IPC read with Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of 2 liters of liquor along with 1800 kg of Mahua solution from a Bolero pick up van.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and is not the owner of the seized vehicle and he came to be implicated based on the confessional statement of apprehended accused in police custody

Patna High Court CR. MISC. No.40147 of 2024(2) dt.01-07-2024 2/2 which does not have any evidentiary value.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sherghatty (Dhobhi) P.S. Case No. 1052 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event if it is found that any of the petitioners have antecedent of more than one case in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Rishabh/- U T