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Patna High CourtCR. MISC./53639/2016bail granted

Mukesh Kumar v. The State Of Bihar

2016-12-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53639 of 2016 Arising Out of PS.Case No. -257 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Mukesh Kumar, son of Babulal Sao, resident of Village- Chandeha (wrongly written as Chandela in FIR Para-7), P.S.- Bathani, DistrictGaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Fatehpur P.S. Case No.257 of 2016 instituted for the offence under Section(s) 272, 273/34 Indian Penal Code and Section 47(a)(g) and 50 of the Bihar Excise Amendment Act, 2016.

It is alleged in the written report that during the course of vehicle checking two motorcycles and one Tempo started running away on seeing police party. The police party caught hold three persons, namely, Santosh Kumar @ Badko, Mukesh Kumar (petitioner) and Lalu Kumar, and one person managed to escape. The person, who fled was Deelip Chaudhary @ Nanhka. On search, 164 bottles of foreign liquor were

Patna High Court Cr.Misc. No.53639 of 2016 (2) dt.21-12-2016 2/2 recovered from the Tempo. The Seizure List is enclosed with the First Information Report, which shows that seizure has been made from the road between Paharpur Railway Gate and villageJamheta. It has been submitted that the petitioner has been arrested merely on suspicion and he is in custody since 30.09.2016.

In the circumstances, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Fatehpur P.S. Case No.257 of 2016.

(Sanjay Priya, J) JA/- U T