Mehu Kumar @ Meghu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58793 of 2024 Arising Out of PS. Case No.-79 Year-2021 Thana- BISHUNPUR District- Darbhanga ====================================================== Mehu Kumar @ Meghu Kumar Son of Pramod Sahni Resident of Village - Tira Jathmalpur, P.S.- Kalyanpur, District - Samastipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Bishanpur PS case no. 79 of 2021, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information Report, is that police intercepted two motorcycles, recovered total 17.430 liters of illicit liquor and arrested two accused persons who were travelling on the motorcycles. On inquiry, they told that the liquor, they were carrying, was given by one Vinay Kumar for delivering it to the petitioner. On their disclosure, a raid was conducted at the shop of co-accused

Patna High Court CR. MISC. No.58793 of 2024(2) dt.11-09-2024 2/3 Ashok Sahni, from where, 8.250 liters of illicit liquor was recovered. Co-accused Ashok Sahni was arrested and upon enquiry, he also told that the liquor was to be delivered to the petitioner.

4.

Learned Counsel for the petitioner submits that the petitioner has been made accused on the basis of disclosure of his name by the arrested co-accused. He also submits that no illicit liquor has been recovered either from the possession of the petitioner or from his premises. Petitioner is having no criminal antecedent of similar nature of offence. 5.

Regard being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is having no criminal antecedent of similar nature of offence under Excise Act and his name has been disclosed by the arrested co-accused, from whose possession, illicit liquor has been recovered, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.58793 of 2024(2) dt.11-09-2024 3/3 satisfaction of learned Exclusive Special Judge-I, Excise, Darbhanga in connection with Bishanpur PS case no. 79 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T