Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25343 of 2023 Arising Out of PS. Case No.-738 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Mukesh Kumar S/O Sivrat Yadav R/O Village- Badaroi, Ghorahuwan, P.SMasaudhi, Distt.- Patna. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan, Adv.
For the Opposite Party/s :
Mr. Ram Naresh Ray, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Masaudhi P.S. Case No. 738 of 2022 dated 04.11.2022 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 120 litres of country made illicit liquor (Mahua) and the same is stated to have been recovered from two cars and one motorcycle and as per allegation, two co-accused persons namely Randhir Kumar and Indrajeet Kumar were arrested at the spot of recovery and the said co-accused persons have been
Patna High Court CR. MISC. No.25343 of 2023(2) dt.15-05-2023 2/3 granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 72625/2022 and the name of this petitioner was disclosed by the said arrested co-accused persons and except this, there is no other material to connect this petitioner to the alleged recovery of liquor and he is neither arrested from the spot of recovery nor the alleged liquor was recovered from his possession. Further submissions are that the petitioner was remanded in the present matter about two months and twenty days after the alleged recovery of liquor mainly on the basis of confessional statements of co-accused persons named-above and against the petitioner, the investigation has been completed.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly the completion of the investigation against this petitioner and also the facts that the petitioner was not apprehended at the spot of recovery and his name was disclosed by the apprehended coaccused persons named-above, who are on bail, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.25343 of 2023(2) dt.15-05-2023 3/3 amount each to the satisfaction of the Court concerned in connection with Masaudhi P.S. Case No. 738 of 2022. (Shailendra Singh, J) annu/- U T