Mithun Shekh @ Md. Mithun Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42684 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- BELHAR District- Banka ====================================================== Mithun Shekh @ Md. Mithun Shekh S/o Karim Shekh, R/o vill - Gorgama, P.S. - Belhar, Dist. - Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Singh, Advocate.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Belhar P.S. Case No.109 of 2024 instituted under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, there is recovery of 64 litre illicit country made liquor in plastic sack from the wheat field.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to village politics. He further submits that the place of occurrence does not belongs to petitioner nor the petitioner has any concern with the seized liquor. Learned counsel submits that petitioner has two criminal antecedents, however, the same does

Patna High Court CR. MISC. No.42684 of 2024(2) dt.10-07-2024 2/2 not belongs to Excise Act. He further submits that petitioner is ready to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional District & Sessions Judge-II, Banka -cumSpecial Judge Excise Court-I, Banka in connection with Belhar P.S. Case No.109 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/- U T