Mritunjay Kumar @ Mrityunjay Kumar @ Mritunjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42549 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- SAHARGHAT District- Madhubani ====================================================== MRITUNJAY KUMAR @ MRITYUNJAY KUMAR @ MRITUNJAY KUMAR YADAV S/o Umesh Yadav R/o village- Baswariya, P.S.- Saharghat, District- Madhubani ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Jitendra Kumar Bharti, Advocate.

For the State :

Mr. Arvind Kr. Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saharghat P.S. Case No.31 of 2019/G.R. No.454 of 2019 registered under Sections 272 and 273 of the Indian Penal Code besides Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of checking of the vehicle by the informant and other police personnel, one person was seen carrying a bag on the bicycle. When signal was given to him to stop, he started to flee away leaving the bicycle. However, on chase, he was apprehended, who disclosed his name as Aghori Rai. On search of the bag, 40 bottles, each

Patna High Court CR. MISC. No.42549 of 2019(2) dt.10-07-2019 2/2 containing 300 ml. Nepali Liquor, were recovered. The apprehended accused disclosed that he used to supply the same to Mahesh Yadav, Umesh Yadav and Mritunjay Kumar (petitioner), the son of Umesh Yadav.

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot rather his name has been disclosed by the apprehended accused. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani, in connection with Saharghat P.S. Case No.31 of 2019/G.R. No.454 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T