Mukesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21668 of 2021 Arising Out of PS. Case No.-325 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Mukesh Kumar Das Son of Chatarbhuj Das Resident of Mohalla- Aghoriya Bazar, Shanichara Asthan, P.S.- Kazimohammadpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received about there being liquor in two vehicles, a raid was conducted by the police personnel and a total of 119 litres of liquor was recovered. It is further stated that on enquiry, the people present disclosed the name of 11 accused persons including the petitioner herein who were dealing in liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court CR. MISC. No.21668 of 2021(2) dt.15-09-2021 2/2 petitioner's possession. He has been falsely implicated in the case. He has neither any concern with the seized liquor nor with the two vehicles from which it was seized nor with the other accused. It is submitted that there is no material against the petitioner except the statement of some persons made before the police. The petitioner has no criminal antecedent and is in custody since 24.12.2020. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner having no criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Kaji Muhammadpur P.S. Case no. 325 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Bibhash U T