Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16220 of 2020 Arising Out of PS. Case No.-707 Year-2019 Thana- MAHUA District- Vaishali ====================================================== MUKESH KUMAR Son of Laxman Ray @ Laxman Rai Resident of Village - Mahua Singh Rai, P.S.- Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. B.N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-05-2020 Heard learned counsel for the petitioner and Mr. B.N.Pandey, learned Additional P.P. through Video Conferencing.

The petitioner seeks bail in Mahua P.S. Case No.707 of 2019 registered under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of Bihar Prohibition and Excise Act.

The police got information that Bipin Singh of village Mahua is about to remove liquor from his hut with the help of Mukesh Kumar, Sumit, Rajiv Kumar @ Karu, Raju Singh, Pramod Singh, Mahendra Rai and Vikki Kumar. All the named persons are involved in illegal trade of liquor. The informant on such information raided the house of Bipin Singh. One Maruti Suzuki car was parked there and liquor was being loaded on the vehicle. From the vehicle and the house of Bipin Singh, 203.01 litres of liquor was recovered. The Maruti Suzuki Celerio car

Patna High Court CR. MISC. No.16220 of 2020(2) dt.13-05-2020 2/2 bearing registration No.BR-06T-8831 was also recovered. The learned counsel for the petitioner submits that the petitioner was not apprehended on the spot and there is nothing on record that the petitioner is involved in illicit trade of liquor. Nothing has been recovered from the possession of the petitioner. Petitioner is in jail since 31.01.2020. Petitioner has remained in jail for about 3 1⁄2 months.

Considering the facts aforesaid, let the petitioner, above named, be released on bail 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 Spl. Judge, Excise Court, Vaishali at Hajipur in connection with Mahua P.S. Case No.707 of 2019.

(Prabhat Kumar Jha, J) Saurabh/- U T