Mukesh Rai @ Mukesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40982 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- HIRAMMA P.S. District- Sheohar ====================================================== Mukesh Rai @ Mukesh, S/O Rajendra Rai R/O Village- Hirauta Ps. Sheohar, Dist. Sheohar ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Divya Bharti For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act, 2018.
The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the allegation is of recovery of 478.44 litres of liquor from an auto. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Hira Lal Rai, which does not have any evidentiary value. It is further submitted that petitioner is not the owner of the seized auto.
Patna High Court CR. MISC. No.40982 of 2023(2) dt.04-07-2023 2/2 Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Sheohar in connection with Hiramma P. S. Case No.41 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T