Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46956 of 2021 Arising Out of PS. Case No.-13 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== MUKESH KUMAR Son of Sita Ram Yadav Resident of Village- Maliyapuni, P.S.- Mohanpur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjawal Kumar Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

From the motorcycle of the petitioner, liquor was recovered. Petitioner has got no criminal antecedent. Submission is that when the motorcycle was parked, some unknown person might have put the said liquor on the motorcycle.

Considering the presumption under Section 32 of the Bihar Prohibition and Excise Act and consequent bar of prayer for anticipatory bail under Section 76(2) of the said Act, I am

Patna High Court CR. MISC. No.46956 of 2021(2) dt.21-12-2021 2/2 not inclined to enlarge the petitioner on anticipatory bail in connection with Magadh University P.S. Case No. 13 of 2019. Hence, prayer is refused.

Petitioner is directed to surrender within two weeks and pray for regular bail.

(Birendra Kumar, J) mantreshwar/- U T