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Patna High CourtCR. MISC./15224/2023allowed

Mukesh Kumar @ Mukesh Mahto @ Basant v. The State Of Bihar

2023-06-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15224 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== MUKESH KUMAR @ MUKESH MAHTO @ BASANT Son of Pawan Mahto R/V- Harpur Bhindi, Ps- Tajpur, Dist- Samastipur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38994 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== SUMIT KUMAR @ SUMIT KUMAR RAY son of Sonelal Yadav @ Sonelal Ray Village- Shitalpatti Ps- Sarairanjan Dist- Samastipur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39005 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== VIKRAM KUMAR @ BIKRAM KUMAR Son of Ramgulam Ray VillageVidupur Ward No-13, Ps- vidupur Dist- Vaishali ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 15224 of 2023) For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Ahmad Ali (In CRIMINAL MISCELLANEOUS No. 38994 of 2023) For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Narsingh Tanti (In CRIMINAL MISCELLANEOUS No. 39005 of 2023) For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.15224 of 2023(3) dt.23-06-2023 2/3 The petitioners seek regular bail in connection with Sarai Ranjan P.S. Case No. 365 of 2022 registered for the offence under Sections 147, 148, 149, 332, 307, 353, 504, 420, 467, 468, 471 of the I.P.C., Sections 25(1-b)a, 26, 27, 35 of the Arms Act and Sections 30(a), 32(i)(ii), 36, 41(1), 45, 62 of the Bihar Prohibition and Excise Act.

As per prosecution case, when the police reached at Sahil enterprises situated at Village Kankalipur, the accused persons started firing and creating hindrance in discharging the duty of police officials. Thereafter, police arrested some of them and sized vehicles as well illicit liquor from the place of occurrence. The petitioners are said to have indulged in storing illegal business of liquor.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of FIR, there is no specific allegation of firing is attributed against the petitioners. It is further submitted that petitioner Mukesh confessed and disclosed the name of other petitioners namely, Sumit and Vikram Kumar. The petitioners have no concern with the alleged recovery of liquor or with seized vehicles. It is also submitted that the injury sustained by police officals are simple

Patna High Court CR. MISC. No.15224 of 2023(3) dt.23-06-2023 3/3 in nature. Moreover, petitioners namely, Mukesh Kumar, Sumit Kumar and Vikram Kumar are languishing in judicial custody since 10.12.2022, 5.6.2023 & 31.5.2023 respectively. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sarai Ranjan P.S. Case No.365 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise)-02, Dist- Samastipur/ concerned Court. (Sunil Kumar Panwar, J) Amandeep/- U T