Mukesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36004 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== Mukesh Das, Son Of Late Ramaudar Das Resident Of Village- Bathaul, Ward - 17 Madsudanpur Dumri Mahisautha, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwij Raj For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 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 30(a)(c) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 04 litres of liquor from the house of the petitioner and 01 litre of liquor from the courtyard of Mona Devi. 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 also submitted that house is the joint family property.

Learned A.P.P. opposes the bail application and

Patna High Court CR. MISC. No.36004 of 2022(2) dt.03-11-2022 2/2 submits that it has not been pleaded in the anticipatory bail application that house is a joint family property. At this stage, the learned counsel for the petitioner seeks permission to withdraw the present anticipatory bail application.

Permission is accorded.

Accordingly, instant petition is dismissed as withdrawn.

However, in the event, if the petitioner surrenders on or before 23.11.2022, the learned trial Court shall dispose of the case on the same day keeping in mind that the recovery is of a very meagre amount of liquor.

(Satyavrat Verma, J) vikash/- U T