Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47216 of 2021 Arising Out of PS. Case No.-103 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== MUKESH KUMAR Son of Rajdev Paswan Resident of Village - Mohanpur, P.S. - Singhwara, Dist. - Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to correct the year of the P.S. case number mentioned in the prayer portion of the petition in course of the day. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 1476.48 liters wine are recovered from different vehicles.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.47216 of 2021(2) dt.15-11-2021 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as being owner of the pick up van in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 1476.48 liters wine is recovered from a pick up van and a motorcycle in question. The said pick up van is run as public carrier. The petitioner had no knowledge regarding the nature of goods booked by the transporter. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum- Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 103/2021

Patna High Court CR. MISC. No.47216 of 2021(2) dt.15-11-2021 3/3 corresponding to G.R. No. 670/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T