Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21644 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- PANJWARA District- Banka ====================================================== MUKESH KUMAR S/o Surendra Mal Resident of Village- Nonmati, P.S.- Godda Nagar, Distt- Godda (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ram Naresh Rai, learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Panjawara P.S. Case No. 15 of 2020 for the offence punishable under Sections 30(a) and 32(2) of the Bihar Prohibition Excise Act, 2016.

The allegation is regarding recovery of 13.5 litres of illicit liquor from the motorcycle of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.21644 of 2020(2) dt.06-07-2020 2/2 present case and he is having clean antecedent and is languishing in custody since 02.03.2020.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner apart from the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to 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 Additional Sessions Judge-II, Banka in connection with Panjwara P.S. Case No. 15 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T