Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19583 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- BIHPUR District- Bhagalpur ====================================================== MUKESH YADAV, aged about 29 years, Male, Son of Mothri Yadav, Resident of Village - Sahori, P.S.- Jhandapur (O.P.), Distt.- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Diwakar Upadhyaya, Advocate For the State :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-06-2020 Heard Mr. Diwakar Upadhyaya, the learned counsel for the petitioner and Mr. B.N. Pandey, the learned Additional P.P. through video conferencing.

Petitioner seeks bail in Bihpur (Jhandapur) P.S. Case No.49 of 2020, registered under Sections 30(a) and 38(i) of Bihar Prohibition and Excise Act.

As per the prosecution case, the petitioner and two others, namely, Santosh Kumar and Chandan Kumar were carrying liquor and they were apprehended by the police. From their possession, 54 litres of liquor was recovered. On their disclosure, 230 litres of liquor was recovered from a maize field. Learned counsel for the petitioner submits that Santosh Kumar and Chandan Kumar, the other two accused persons who were arrested along with the petitioner, have

Patna High Court CR. MISC. No.19583 of 2020(2) dt.25-06-2020 2/2 already been enlarged on bail by order passed in Cr. Misc. No.13624 of 2020 and Cr. Misc. No.14296 of 2020. The petitioner is in jail since 10.02.2020. The petitioner has already remained in jail for 41⁄2 months.

Considering the fact that similarly situated co-accused persons have already been enlarged on bail, petitioner, namely, Mukesh Yadav is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge-cum-Special Judge (Excise Act), Bhagalpur in connection with Bihpur (Jhandapur) P.S. Case No.49 of 2020.

(Prabhat Kumar Jha, J) S.KUMAR/- U T