Patna High CourtCR. MISC./41836/2017disposed

Mukesh Singh @ Mikki Singh v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41836 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. MUKESH SINGH @ MIKKI SINGH Son of Late Ram Lagan Singh, R/o Village- Berai Daxini, P.S.- Hathauri, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Hathauri P.S.Case no.4 of 2017, registered for the offences punishable under Sections 272, 273 and 290 of the Indian Penal Code.

Allegation against the petitioner is about recovery of 100 ltrs. of liquor from the hut and the field of the petitioner and one co-accused.

Submission of the learned counsel for the petitioner is that it is alleged that the recovery is from the hut of the petitioner and field of one co-accused Shibu Mandal and he has not been made accused in this case and the petitioner has been made accused in this case. Further submission is that the petitioner is in

Patna High Court Cr.Misc. No.41836 of 2017 (2) dt.11-09-2017 2/2 custody for about six months, though there is one more case against the petitioner but in that case also there is no recovery from the possession of the petitioner.

One more case bearing Cr. Misc. No.43507 of 2017 has been filed, which is running at Sl.No.336 and in that case also there is recovery of 50 ltrs. of liquor from a barren land and not from the possession of the petitioner.

Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and considering the allegation of recovery and also considering criminal antecedent of this petitioner, this application is disposed of with direction to the learned court below that he will release the petitioner on bail once the charges are framed against him or he completes seven months period of judicial custody, whichever is earlier. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T