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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40014 of 2024 Arising Out of PS. Case No.-211 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== Mukesh Kumar @ Mukesh Kumar Singh S/O Raghubansh Prasad Singh R/O Village-Kala Pahar, P.S- Jandaha, District-Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Satyendra Prasad Singh, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Mahnar P.S. Case No. 211 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. He has no criminal antecedent as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to have in possession of 375.3 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that aforesaid recovery of illicit liquor

Patna High Court CR. MISC. No.40014 of 2024(2) dt.28-06-2024 2/3 appears to be made from the cowshed, which is an open place and belongs to one co-accused Amarjeet Ray. Learned counsel further submitted that name of this petitioner appears to be surfaced in the present case only on the basis of information given by police spy. While concluding argument, learned counsel submitted that petitioner is a man of clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions as implication of this petitioner appears prima-facie out of suspicion only where recovery of illicit liquor appears recovered from the cowshed of the co-accused person, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Prohibition and Excise Court (Second)-cum-Additional District and Sessions Judge, Hajipur, Vaishali, in connection

Patna High Court CR. MISC. No.40014 of 2024(2) dt.28-06-2024 3/3 with Mahnar P.S. Case No. 211 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Chandra Shekhar Jha, J.) Rajeev/- U T