Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17167 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== 1.

MITHLESH KUMAR S/o Mukhlal Yadav Resident of Village - Akauna, P.S.- Chatra Sadar, District - Chatra, Jharkhand. 2.

Shambhu Yadav S/o Yodhan Yadav Resident of Village - Amukatu, P.S.- Chatra Sadar, District - Chatra, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Sherghati (Dobhi) P.S. Case No. 44 of 2019 registered for the offence punishable under Sections 272, 273, 414 and 34 of the Indian Penal Code and Section 30(a) of the Excise Act. The allegation is regarding recovery of 200 liters of spirit from a car.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case inasmuch as it has been categorically stated in paragraph no. 8 of the present petition that the petitioners are neither the driver

Patna High Court CR. MISC. No.17167 of 2019(2) dt.01-04-2019 2/2 nor owner of the vehicle in question from which recovery has been made. It is further submitted that the petitioners are having clean antecedent and they are languishing in custody since 07.02.2019.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Sherghati (Dove) P.S. Case No. 44 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T