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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57810 of 2022 Arising Out of PS. Case No.-136 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Mukesh Singh @ Mukesh Kumar Singh Son of Ram Sirtaj Singh Resident of Village - Khakhra, P.S.- Kudhani (Turki O.P.), District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

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

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kudhani (Turki O.P.) P.S. Case no. 136 of 2020 instituted for the offence punishable under Sections 188, 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 263.820 litres illicit country made foreign liquor from the house of the petitioner and 72 liters foreign liquor from well. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. It is further submitted that petitioner has

Patna High Court CR. MISC. No.57810 of 2022(2) dt.17-11-2022 2/2 no concern with the alleged recovery of illicit liquor and he is not the owner the house. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail the place of recovery of illicit liquor is house of the petitioner .

Having heard learned counsel for the parties and taking into consideration that the alleged house belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

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