Mukesh Ishwar @ Lakarua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61790 of 2018 Arising Out of PS.Case No. -466 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Mukesh Ishwar @ Lakarua S/o Lallan Ishwar, R/o Vill.- Siuri, P.S.- Manjahaul, Distt.- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Begusarai Muffasil P.S.Case No.466 of 2018, registered for offence punishable under Sections 30(a) of Bihar Excise and Prohibition Act, 2016.

Allegation against the petitioner as per F.I.R. is of recovery of 88.56 liters of liquor from the possession of the petitioner and it appears from the F.I.R. itself that the name of the petitioner transpired from the co-accused during the course of investigation.

Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner and the name of the petitioner transpired on disclosure

Patna High Court Cr.Misc. No.61790 of 2018 (2) dt.11-10-2018 2/2 of co-accused during the course of investigation and petitioner has no criminal antecedent and the petitioner is in custody since 13.08.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-CumSpecial Judge Excise Act in connection with Begusarai Muffasil P. S. Case No. 466 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T