Mukesh Yadav @ Mukesh Kumar vs State Of Bihar

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends arrest in connection with Lakhisarai (Ramgarh Chowk) PS Case No.731 of 2019 dated 05.10.2019 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner and other co- accused is that they were riding on a motorcycle and on seeing the police party had run away and from the motorcycle two pouches of 1/2 litre each of countrymade Mahua liqour was recovered.

Learned counsel for the petitioner submitted that he has no criminal antecedent and has not been caught at the spot. It was further submitted that the Chaukidar, who has named him, is on inimical terms as there is dispute relating to discharge of dirty water from the respective house of the parties. It was submitted that even otherwise only one litre of countrymade Mahua liquor having been recovered in two pouches, at best, it can be said to be for self consumption and not for any supply or trade in liquor.

Learned APP submitted that the Chaukidar has named the petitioner.

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 four weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge II cum Special Judge, Excise, Lakhisarai, in Lakhisarai (Ramgarh Chowk) PS Case No.731 of 2019 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off.