Mukesh Singh @ Mukesh Kumar @ Polu @ Polu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28044 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- MARANCHI District- Patna ====================================================== MUKESH SINGH @ MUKESH KUMAR @ POLU @ POLU SINGH Son of Late Ramratan Singh Resident of Village- Rampur Dumra, P.S.- Maranchi (Panchmahla O.P.), District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in connection with Maranchi (Panchmahla O.P.) P.S. Case No. 16 of 2020 (giving rise to Special Case No. 1240 of 2020) registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

According to prosecution case, having received secret information the informant along with other police officials intercepted a vehicle and recovered 74.13 litres of liquor. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Petitioner was not

Patna High Court CR. MISC. No.28044 of 2021(2) dt.22-11-2021 2/3 present at the place of occurrence as alleged and nothing was recovered from conscious possession of the petitioner. It is further submitted that petitioner was remanded in the instant case from Maranchi (Panchmahla O.P.) P.S. Case No. 171 of 2020 on 01.02.2021 and since then he is in custody. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Special Judge, Excise, Patna in connection with Maranchi (Panchmahla O.P.) P.S. Case No. 16 of 2020 (giving rise to Special Case No. 1240 of 2020), subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the

Patna High Court CR. MISC. No.28044 of 2021(2) dt.22-11-2021 3/3 evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rajesh Kumar Verma, J) shahzad/- U T