Mukesh Rai @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43511 of 2019 Arising Out of PS. Case No.-244 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== MUKESH RAI @ MUKESH KUMAR Son of Sri Asha Rai Resident of Village - Mirampur, P.S.- Raghopur, Distt - Vaishali at present Pathar Gali, Janta Road, Gardanibagh, P.S.- Gardanibagh, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Section 30(a)/34 of the Bihar Prohibition and Excise Amendment Act.

Informant seized one bottle each of the foreign liquor from the possession of two apprehended accused persons who disclosed that they had purchased the aforesaid liquor from the petitioner Mukesh Rai who is engaged in storing and vending huge quantity of liquor and on the disclosure of the aforesaid apprehended accused persons, police raided the house of the petitioner Mukesh Rai and seized sale proceeds of liquor worth Rs.14,33,300/- from his house.

Patna High Court CR. MISC. No.43511 of 2019(3) dt.13-09-2019 2/3 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the disclosure made the apprehended accused persons due to animosity. Seized money is not sale proceeds of the liquor and is not hailing to the petitioner rather it is the advance money taken by the grandmother of the petitioner for executing her land in favour of Ash Narayan Rai and for release of the aforesaid money grand father of the petitioner has filed CWJC No.

14419 of 2019 in this Court and in the aforesaid case his grand-father has also stated that petitioner is not resident of his house rather occasionally visits his house being his grand-son. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Patna in connection with Special Case No.

Patna High Court CR. MISC. No.43511 of 2019(3) dt.13-09-2019 3/3 2019, Gardanibagh P.S. Case No. 244 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) mantreshwar/- U T