Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88042 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- Jaitpur District- Muzaffarpur ====================================================== Mukesh Kumar Son of Bharat Ray Viiage- Repura Rampur Vishwanath PSJaintpur District -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 274 and 275 of the BNS and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 375 ml of liquor from Chunchun Mahto, who disclosed that he purchased the liquor from the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Chunchun in police custody which does not have any evidentiary value. It is also

Patna High Court CR. MISC. No.88042 of 2024(2) dt.08-01-2025 2/2 submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jaitpur P.S. Case No. 117 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than two cases, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T