Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49649 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Mukesh Kumar Son of Rogi Yadav @ Surendra Yadav R/O Vill.- Bhisra, P.S.- Amjhor, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Kant, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Tilauthu P.S. Case No.118 of 2024 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 25 litres of Mahua wine from the barren land of one Shankar Singh.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has no concern with the land or alleged recovered wine. He further submits that the petitioner has been implicated in this case due to village politics. He further submits that petitioner has one criminal antecedent in

Patna High Court CR. MISC. No.49649 of 2024(2) dt.14-08-2024 2/2 which he is on bail and he undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court No.2- Cum-Additional District and Sessions Judge, Rohtas at Sasaram/Concerned Trial Court in connection with Tilauthu P.S. Case No.118 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ashishkr/- Harshita/- U T