Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80405 of 2023 Arising Out of PS. Case No.-287 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== MUKESH KUMAR @ MUKESH YADAV SON OF MANAGER YADAV R/O VILLAGE- KHARAHI BAZAR, P.S.- KATEYA, DISTRICTGOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Vijaipur P.S. Case No. 287/2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, 52.5 litre country made Chulai liquor was recovered from a gunny bag which was loaded on motorcycle in question and petitioner apprehended on spot. It is further alleged that petitioner disclosed the name of co-accused Gulshan Kumar who succeeded to flee away from the place of occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.80405 of 2023(2) dt.20-12-2023 2/3 petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner is not the owner of the motorcycle in question and he is not in any way connected with the alleged occurrence. It is further submitted that petitioner was merely a passer-by and he has no knowledge about the alleged recovery made from the said vehicle. No incriminating article has been recovered from conscious possession of the petitioner. Seizure list has not been made as per law. Petitioner bears no criminal antecedent. Petitioner is in custody since 14.09.2023.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released 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 Court of Additional Sessions Judge IV cum Exclusive Special Excise Court-II, Gopalganj in connection with Vijaipur P.S. Case No. 287/2023 , subject to the following conditions:-

Patna High Court CR. MISC. No.80405 of 2023(2) dt.20-12-2023 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T