Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19447 of 2023 Arising Out of PS. Case No.-276 Year-2021 Thana- SOHSARAI District- Nalanda ====================================================== Mukesh Kumar S/O Joni Mahto @ Virendra Mahto R/O Village- Salempur, P.S- Sohsarai, Distt.- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar No.1 For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 276/2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 26.10.2022.

Learned APP has vehemently opposed the prayer for bail.

Considering the nature of allegation levelled against

Patna High Court CR. MISC. No.19447 of 2023(2) dt.10-05-2023 2/2 the petitioner, his period of custody, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge, IVth cum Exclusive Special Court (Excise) No.2, Nalanda at Bihar Sharif, in connection with Sohsarai P.S. Case No. 276/2021.

This is also subject to the conditions that (I) the petitioner would cooperate in the proceeding of the court below. The trial court is directed to expedite the trial of all the cases which are registered against the petitioner. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner and (ii) the petitioner shall mark his presence in Sohsarai Police Station, District- Nalanda at Bihar Sharif on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T