Mukesh Yadav @ Mukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82900 of 2024 Arising Out of PS. Case No.-299 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Mukesh Yadav @ Mukesh S/O Bhavesh Yadav @ Bhavesh Ghosh Resident of Village- Belwandangi Barsoi Ghat, P.S- Barsoi, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the State :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and Mr. Rabindra Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Azamnagar P.S. Case No. 299 of 2024 instituted for the offences under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that two persons were apprehended on a motorcycle, altogether 24 liters of country-made liquor and 1.5 liters of foreign liquor were recovered from a bag. The name of the petitioner has come into light during course of investigation as he is the owner of the said motorcycle.

4. Learned counsel for the petitioner has submitted that petitioner has no concern with the alleged recovery of

Patna High Court CR. MISC. No.82900 of 2024(2) dt.10-12-2024 2/2 liquor. Nothing was recovered from the possession of the petitioner and he has no knowledge regarding the liquor loaded on it. He further submitted that being the owner of the alleged motorcycle, he has been falsely implicated in this case. Moreover, the petitioner having no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Exclusive Excise Court No. 2, Katihar in connection with Azamnagar P.S. Case No. 299 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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