Mukesh Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54905 of 2022 Arising Out of PS. Case No.-595 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== 1.

MUKESH SADA Son of Suraj Sada Resident of Village - Matiharwa, P.s.- Muffasil, Distt.- Khagaria.

2.

Govind Sada Son of Maushan Sada Resident of Village - Matiharwa, P.s.- Muffasil, Distt.- Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Khagaria (Muffasil) P.S. Case no. 595 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 10 liters country made liquor from the house of these petitioners. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They

Patna High Court CR. MISC. No.54905 of 2022(2) dt.17-11-2022 2/2 have got no criminal antecedent. Petitioners have no concern with the alleged recovery of illicit liquor. It is further submitted that neither the petitioners were arrested on spot nor any incriminating article has been recovered from their conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that the recovery of illicit liquor is meagre in quantity, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Khagaria (Muffasil) P.S. Case no. 595 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge 1st (Excise), Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T