Mukesh Yadav @ Mukesh Don v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83726 of 2023 Arising Out of PS. Case No.-277 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Mukesh Yadav @ Mukesh Don Son Of Digambar Prasad Yadav @ Digambar Yadav R/O Village- Goth Narhiya, P.S.- Narhiya O.P. (LAUKAHI), Dist.- Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Phulparas P.S. Case No. 277 of 2023, a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 486 litres of Nepali liquor is said to have been recovered from a vehicle. One person who was apprehended from the spot disclosed the name of the petitioner. On that information, petitioner is made accused in the present case. There is general and omnibus
Patna High Court CR. MISC. No.83726 of 2023(2) dt.09-01-2024 2/3 allegation against the petitioner. Petitioner has got three antecedents out of which two of similar nature in which he is on bail.
4. Petitioner is agreed to deposit a sum of Rs. 25,000/- (Rupees Twenty Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, Central Bank of India, Chitkohra Branch, IFSC Code : CBIN0282779 (fifth character is zero), MICR Code : 800016018.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Phulparas P.S. Case No. 277 of 2023, G.R. No. 364 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.83726 of 2023(2) dt.09-01-2024 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan.. (Anjani Kumar Sharan, J) Ranjeet/- U T