Mukesh Kumar @ Mukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26561 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -AIRPORT District- PATNA ====================================================== Mukesh Kumar @ Mukesh, Son of late Muneshwar Yadav, Resident of Road No. 3 Umashankar Tiwari Path North Jayaprakash Nagar, Patna, P.S.- Rajiv Nagar, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Shukla, Advocate For the Opposite Party/s : Sri Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2.

Apprehending his arrest in connection with Hawai Adda P.S.Case No.64 of 2017 registered for the offences under Sections 47, 53 and 54 of the Bihar Prohibition and Excise Act, 2016, the petitioner has filed the present application under Section 438 of the Code of Criminal Procedure for grant of prearrest bail. 3.

Since the offence is under Bihar Excise Amendment Act, 2016, the application preferred under Section 438 of the Code of Criminal Procedure by the petitioner is disposed of with observation that as the name of the

Patna High Court Cr.Misc. No.26561 of 2017 (2) dt.07-07-2017 2/2 petitioner transpired in the disclosure made by the apprehended accused Rajkumar Singh and Pankaj Kumar who were consuming liquor and no offending article was found from the possession of the petitioner, there is no reason why the court below will not enlarge him on bail if he surrenders and offers adequate sureties to the satisfaction of the court concerned. (Ashwani Kumar Singh, J.) Kanchan/- U T