Mukesh Kumar Sah @ Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18315 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== MUKESH KUMAR SAH @ MUKESH SAH S/o Janaklal Sah Resident of Village- Yogiya Math, P.S.- Muffasil, Distt- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Excise Case No. 78 of 2020 (Computer registration No.77 of 2020) registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It is alleged in the prosecution report that excise officials recovered 219.06 liters of prohibited liquor from cattle shed adjacent to the petitioner's house.

Learned counsel for the petitioner has submitted that cattle shed in question is easily accessible to any person and is jointly possessed by the family members of the petitioner. He has further submitted that the petitioner has no criminal antecedent, who is in custody since 29.02.2020.

Patna High Court CR. MISC. No.18315 of 2020(2) dt.13-05-2020 2/3 Considering the huge quantity of liquor said to have been recorder from a place, which, admittedly, belongs to the petitioner, I am not inclined to grant him privilege of regular bail for the present. The petitioner, however, will be at liberty to renew his prayer for bail after six months from today. Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shallbe preserved in my residential-office for documentation and future use, if any.

(iv) The said order shall be communicated to the Court below for the needful by the Registry through e-mail. Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social

Patna High Court CR. MISC. No.18315 of 2020(2) dt.13-05-2020 3/3 distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T