Mukesh Rai @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69136 of 2021 Arising Out of PS. Case No.-502 Year-2021 Thana- MAHUA District- Vaishali ====================================================== MUKESH RAI @ MUKESH KUMAR Son of Laxman Rai Resident of Village - Mahua Singh Rai, P.S.- Mahua, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Barun Kumar Choudhary, Advocate :

Ms. Pratima Kumari, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii) and 38(ii) of the Bihar Excise Act read with Section 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 1593.705 litres of liquor from a truck and white pickup van.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No.69136 of 2021(2) dt.24-06-2022 2/2 submitted that the police falsely implicated the petitioner based on his antecedent by alleging that the police received secret information from local chowkidar that petitioner and other coaccused had brought liquor for selling. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahua P.S. Case No. 502 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T