Patna High CourtCR. MISC./49538/2023bail granted

Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar

2023-07-31Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49538 of 2023 Arising Out of PS. Case No.-402 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Mukesh Kumar @ Mukesh Yadav, Son Of Umesh Yadav @ Umesh Kumar Yadva Resident Of Village- Chikani Fulkaha Ward No 03, Ps- Gamharia, Dist- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the allegation is of recovery of 180 litres of codeine cough syrup from a Tata pick-up van.

4. 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 by nearby people, but then, F.I.R. does not disclose

Patna High Court CR. MISC. No.49538 of 2023(2) dt.31-07-2023 2/2 the name of the person, who disclosed the name of the petitioner. It is next submitted that petitioner is not the owner of the seized vehicle.

5. Learned A.P.P. opposes the bail application.

6. 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 Additional Sessions Judge-VIIthcum-Special Judge, Excise-II, Madhepura in connection with Madhepura Excise P. S. Case No.402 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T