Tarkeshwar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89409 of 2024 Arising Out of PS. Case No.-411 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Tarkeshwar Mishra S/o Shankar Mishra R/o vill - Mathiya Dayaram, P.S. - Kuchaikote, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kuchaikote P.S. Case No. 411 of 2024 dated 28.09.2024, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act 2022.

3. The allegation is of recovery of 18 litres country made liquor from the gunny bag which was tied with motorcycle bearing Reg. No. BR28D9077. Three persons were apprehended on the spot who disclosed that the said motorcycle and illicit liquor belong to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that only on the basis of

Patna High Court CR. MISC. No.89409 of 2024(2) dt.08-01-2025 2/3 confessional statement of the co-accused persons, who were apprehended at the spot, the petitioner has been made accused in this case. It is further submitted that the seized motorcycle belongs to one Awadh Kishore Rai and petitioner has no concern either with said vehicle or illicit liquor. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kuchaikote P.S. Case No. 411 of 2024, he/they shall be released on anticipatory 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 and Sessions Judge IV cum Exclusive Special Excise Court No. II, Gopalganj, subject to condition as laid down under Section 438(2) of the Cr.P.C. subject to the following conditions:- I. The petitioner shall be granted the privilege of anticipatory bail after due verification that he is not the owner of seized motorcycle. If the petitioner is found to be the owner of

Patna High Court CR. MISC. No.89409 of 2024(2) dt.08-01-2025 3/3 seized motorcycle then the anticipatory bail application of the petitioner shall stand rejected.

(Khatim Reza, J) sankalp/- U T