Mikku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19580 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== MIKKU KUMAR, aged about 24 years, male, Son of Kishun Nayak Resident of Village - Saharghat, Ward No. - 2, P.O. and P.S. - Saharghat, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Jagjit Roshan, Advocate For the Opposite Party/s :

Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner is in custody since 22.02.2020 in connection with L.N.M.U. P.S. Case No. 56 of 2020/G.O. Case No. 236 of 2020 for the alleged offences under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended in 2018).

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 675 litres of illicit liquor from a Bolero vehicle bearing registration no. BR06PA 5973. It is submitted that the petitioner is merely a labourer engaged for unloading the goods and was arrested at the spot, whereas the driver and cleaner fled away.

Patna High Court CR. MISC. No.19580 of 2020(3) dt.22-06-2020 2/2

4. Learned APP appears and opposes the bail petition pointing out that the petitioner is accused in one prior case under the Bihar Prohibition and Excise Act.

5. Be that as it may and having regard to the period of custody already suffered since 22.02.2020, let the petitioner above named be released on bail, unpon completing six months in custody, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Darbhanga. in connection with L.N.M.U. P.S. Case No. 56 of 2020/G.O. Case No. 236 of 2020, if he is not otherwise required in any other case.

6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove. (Vikash Jain, J) Chandran/- U T