Mukesh Kumar @ Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51091 of 2018 Arising Out of PS.Case No. -501 Year- 2018 Thana -AHIYAPUR District- MUZAFFARPUR ======================================================

1. Mukesh Kumar @ Mukesh Rai Son of Bhikhari Rai Resident of Village Raghopur, P.S. - Ahiyapur, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Ahiyapur P.S.Case no.501 of 2018 , registered for offences punishable under Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act 2016 and Section 272, 273 and 34 of the Indian Penal Code.

Allegation against the petitioner is about recovery of huge quantity of liquor from the car and two persons were arrested who disclosed name of the petitioner.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and he has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.51091 of 2018 (2) dt.05-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Jduge, Excise, Muzaffarpur in connection with Ahiyapur P.S.Case no.501 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T