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Patna High CourtCR. MISC./62855/2021allowed

Mukesh Choudhary @ Mukesh Kumar Choudhary v. The State Of Bihar

2022-05-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62855 of 2021 Arising Out of PS. Case No.-164 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== MUKESH CHOUDHARY @ MUKESH KUMAR CHOUDHARY Son of Late Sahdeo Choudhary Resident of Village- Warsaliganj, P.S.- Mojahidpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samir Kumar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

It is a case of recovery of 64.75 litres of country made mahua wine behind the house of the petitioner. It is submitted that petitioner has not apprehended from the spot. The place from which the seized wine was recovered has no concern with

Patna High Court CR. MISC. No.62855 of 2021(2) dt.18-05-2022 2/2 the petitioner. He has clean antecedent.

In the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge, Excise Act-cum-Special Judge Vigilance (Trap) Act, Bhagalpur, in connection with Mojahidpur P.S. Case No. 164/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Ranjeet/- U T