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Patna High CourtCR. MISC./54677/2025allowed

Mukesh Kumar v. The State Of Bihar

2025-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54677 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- KASBA District- Purnia ====================================================== Mukesh Kumar S/O Kapil Sah R/O Kulla Khas, P.S- Kasba, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Hussain, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kasba P.S. Case No. 70 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 46.500 litre illicit liquor from a Jugar vehicle which was driven by co-accused Md. Muslam Nadaf.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the disclosure statement of apprehended co-accused Md. Muslam Nadaf that petitioner along with other co-accused persons had said him to deliver the said liquor from Dalkola to Baraita. Nothing has been recovered from possession of the

Patna High Court CR. MISC. No.54677 of 2025(2) dt.19-08-2025 2/2 petitioner. Petitioner has no concern with the recovered liquor. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation and 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 submission 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) 1st, Purnea in connection with Kasba P.S. Case No. 70 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T