Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19606 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- MALSALAMI District- Patna ====================================================== MUKESH KUMAR Son of Banaras Ray Resident of Village - Didarganj, P.S.- Didarganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Malsalami P.S. Case No. 69 of 2019 arising out of Spl. Case No. 1670 of 2019, instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act.

It is alleged in the written report that informant along with other police party during course of patrolling duty saw one person taking tube in his hand running away on seeing the police party. The police chased him and caught. He disclosed his name as Mukesh Kumar (petitioner). It is further alleged that on search, 10 litres of country made liquor has been recovered from possession of the petitioner.

Counsel for the petitioner submits that country

Patna High Court CR. MISC. No.19606 of 2019(2) dt.01-04-2019 2/2 made liquor has been recovered from tube. He further submits that there is no recovery from conscious possession of the petitioner.

Petitioner is in custody since 14.2.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Malsalami P.S. Case No. 69 of 2019 arising out of Spl. Case No. 1670 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T