Patna High CourtCR. MISC./45682/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-07-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45682 of 2024 Arising Out of PS. Case No.-172 Year-2024 Thana- BATHNAHA District- Sitamarhi ====================================================== Mukesh Kumar S/O Amiri Baitha R/O Village-Thotharaha,P.S.- Bathnaha,Distt-Sitamarhi,Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar , Advocate Mr. Shivam Kumar , Advocate Mr. Deepak Kumar , Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act 2022 .

3. It is alleged that 22.5 liters of Nepali Saufi liquor was recovered from motorcycle in question .

4. It is submitted that the petitioner is innocent and has falsely been implicated in this case. Petitioner is neither owner nor driver of the vehicle in question . No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.45682 of 2024(2) dt.30-07-2024 2/2

5. Learned counsel for the State opposes the bail petition.

6. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1 Sitamarhi in connection with Bathnaha Police Station Case No. 172 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T