Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52202 of 2016 Arising Out of PS.Case No. -454 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Mukesh Kumar, Son of Anup Rai, Resident of Village- Goria Dera, P.S.- Jaipur, District- Patna (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 47/53 of the Bihar Excise (Amendment) Act, 2016.

Foreign liquor was recovered from an abandoned house on 15.08.2015 and the same is said to be of this petitioner. Learned counsel for the petitioner submits that the possession of foreign liquor was not an offence on the alleged date of recovery. Moreover, the petitioner has got no criminal antecedent.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the

Patna High Court Cr.Misc. No.52202 of 2016 (3) dt.09-02-2017 2/2 Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna/Successor Court in connection with Phulwari Sharif Police Station Case No.454 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Birendra Kumar, J) Mkr./- U T