Mithilesh Kumar @ D.C @ Dhirendra Kumar @ Dhiraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70165 of 2021 Arising Out of PS. Case No.-597 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== MITHILESH KUMAR @ D.C @ DHIRENDRA KUMAR @ DHIRAJ S/oBachchan Yadav R/o Village- Nima, P.S.- Daudnagar, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks on resumption of physical mode, failing which the office is directed to place the matter before the Bench. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

Allegation against the petitioner and other accused persons is of transporting and selling the illicit liquor. Total 170.25 litres of foreign liquor was recovered from the Sipha village near rice Mill, Daudnagar.

Patna High Court CR. MISC. No.70165 of 2021(2) dt.07-06-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any incriminating articles has been recovered from the physical possession or house of the petitioner. On the confessional statement of coaccused, namely, Kunal Kumar, the petitioner has been made accused in this case. He further submits that the petitioner is neither owner nor driver of the seized vehicle and he has no any concerned with the seized liquor and the petitioner has no criminal antecedent, as stated at para 3 of the bail petition. Learned APP for the State vehemently opposed the prayer for bail petition.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II cum Special Judge (Excise), Aurangabad, in connection with Daudnagar P.S. Case No. 597/2021, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.70165 of 2021(2) dt.07-06-2022 3/3 438 (2) of the Code of Criminal Procedure.

(Chandra Prakash Singh, J) amitkumar/- U T