Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47591 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- MEHANDIA District- Jehanabad ====================================================== Mukesh Kumar S/O Raghuwar Paswan R/O Village-Sohsa, P.S.- Mehandia, District-Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv For the Opposite Party/s :

Mr.Rana Randhir Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. Recovery of liquor is alleged from the open field. Petitioner has got no criminal antecedent.

Submission is that place of recovery is accessible by anyone. Petitioner was not there at the time of recovery. Considering lack of direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on

Patna High Court CR. MISC. No.47591 of 2021(2) dt.21-12-2021 2/2 bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No.872 of 2020 arising out of Mehandia P.S.Case No.137 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T