Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50899 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Mukesh Kumar @ Mukesh Yadav S/O Vijay Yadav R/O Village- Barwa, P.SRajauli, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr .Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mrs .Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 176 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, two motorcycles have been seized containing 90 litres mahua liquor, out of which from one motorcycle 40 litres liquor and from another motorcycle 50 litres liquor has been seized. The allegation against the petitioner is that his father is the owner of the one motorcycle and the petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with the motorcycle or the

Patna High Court CR. MISC. No.50899 of 2024(2) dt.21-08-2024 2/2 seized liquor and he was neither present on the spot nor any incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is living separately from his father having no concern with the motorcycle of his father. The petitioner has one criminal antecedent which is not under the Excise Act. Petitioner undertakes to co-operate in the investigation and the 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Court Excise-2, Nawada in connection with Rajauli P.S. Case No. 176 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harshita/- U T