Mahendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78941 of 2024 Arising Out of PS. Case No.-468 Year-2023 Thana- TEKARI District- Gaya ====================================================== Mahendra Kumar Son of Mahesh Yadav Resident of Village - Govindpur, P.S. - Chandauti, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and Mr. Tarkeshwar Nath Thakur, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Tekari P.S. Case No. 468 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The case of the prosecution is that altogether 25 liters of country made mahua liquor was recovered from a bike. The petitioner was not apprehended. During the course of investigation it was found that the bike belongs to the petitioner.

4. During course of the argument, learned counsel for the appellant has submitted that his bike was stolen but he could not register FIR and the culprit was using his bike by changing

Patna High Court CR. MISC. No.78941 of 2024(2) dt.02-12-2024 2/2 number plate. The petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Tekari P.S. Case No. 468 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Gaya subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) durgesh/- U T