Mulayam @ Mulayam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9103 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== Mulayam @ Mulayam Kumar Son Of Ram Lal Ray Resident Of VillageLawapur, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Mahnar P.S. Case No. 85 of 2022 dated 05.04.2022 registered for the offence punishable u/s 30(a) of the Bihar Probition and Excise Act. As per the prosecution case, the allegation against the petitioner and the co-accused persons is to involved in illegal trading/manufacturing of illicit liquor, whereas there is recovery of 333 liters of country-made liquor / IMFL from the campus of Hiranand High School.

Patna High Court CR. MISC. No.9103 of 2023(2) dt.29-04-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 20.08.2022 passed in Cr. Misc. No. 37310 of 2022. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 23.11.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 85 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T