Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64158 of 2021 Arising Out of PS. Case No.-343 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== MUKESH KUMAR SON OF SANKAR RAI @ SHANKAR RAY R/O VILLAGE- LOHARGAMA KATESAR, P.S.- SAKRA, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sakra P.S. Case No. 343 of 2019 registered under Sections 468, 420, 469 and 120B of the Indian Penal Code and Sections 30 and 30(a) of Bihar Prohibition and Excise Act. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. Further submission is that none of the vehicles (Truck, Tata MXE Non and Motorcycle) from which the alleged recovery has been made belongs to the petitioner, as is evident from the first information report and the seizure list. Petitioner was

Patna High Court CR. MISC. No.64158 of 2021(2) dt.22-04-2022 2/2 neither arrested on the spot nor anything was recovered from his possession. Further he submits that the name of the petitioner dragged in the present case merely on the statement of coaccused Rahul. Petitioner has no criminal history. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Special Judge, Excise, Muzaffarpur in connection with Sakra P.S. Case No. 343 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) utkarsh/- U T