Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71264 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== MUKESH SINGH S/o Bhushan Singh R/o- Chandinawan, P.S.- Kashichak, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Kashichak P.S. Case no. 137/2019 registered under section 30(a) of the Bihar Prohibition and Excise Act.

It is submitted by counsel for the petitioner that there is recovery of 13 liters illicit liquor from the bushes towards north of petitioner's house even as per allegation made in the F.I.R. Submission is that petitioner has falsely been implicated in this case as he has no criminal antecedent.

No recovery whatsoever has been made from him. In such circumstance, no case whatsoever is made out against the petitioner under Bihar Prohibition and Excise Act.

Learned A.P.P. opposes the prayer by referring to section 76(2) of the Act regarding maintainability of anticipatory bail

Patna High Court CR. MISC. No.71264 of 2019(2) dt.18-12-2019 2/2 application itself.

Considering the rival submissions for limited purpose of anticipatory bail, this court is inclined to accept the submissions of counsel for the petitioner. Application is allowed. In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cum- Special Judge, Nawada in Kashichak P.S. Case no. 137/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T