Mithun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37322 of 2023 Arising Out of PS. Case No.-174 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Mithun Kumar Son Of Kulanand Yadav @ Kusheswar Yadav Village Muraho Sisawa Ward No 08 PS- Bharrahi O.P., District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashwani Kumar Tiwary For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.
3. 7.125 liters of foreign liquor and 8 liters of Chulai liquor have been recovered from the cattle-shed (within the housing premises) of co-accused Kulanand Yadav and apprehended co-accused Kulanand Yadav disclosed the name of petitioner, as his associate in the business of illicit liquor.
4. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner and only on the disclosure made by co-accused, he has been made accused in this case. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.37322 of 2023(2) dt.03-08-2023 2/2
5. Considering the nature of allegation and clean antecedent of petitioner, let the above named petitioner, in the event of his arrest or surrender within a period of six weeks from today, 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 Additional Sessions Judge VII-cum-Special Judge, Excise-II, Madhepura in connection with Madhepura Excise P.S. Case No. 174 of 2022 (Excise Case No. 308 of 2022), subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J) anay/- U T