Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81929 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Mukesh Yadav Son of Shiv Shankar Yadav R/O Vill.- Belhi Western Tole, P.S.- Jaynagar, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha, Advocate For the State :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Jay Nagar P.S. Case No. 237 of 2024 instituted under Sections 274, 275, 317(5), 3(5) of the Bhartiya Nyay Sanhita and Section 30(a)/41 of the Bihar Prohibition and Excise (Amendment) Act.
3. As per the prosecution case, 332.640 litres of illicit liquor has been recovered from the godown.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is ready to donate Rs. 40,000/- (Rupees Forty Thousand Only) in some charitable organization without accepting his guilt.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.81929 of 2024(2) dt.17-12-2024 2/2 anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Jay Nagar P.S. Case No. 237 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 40,000/- (Rupees Forty Thousand Only) in Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.
(Sandeep Kumar, J) P. Kumar U T