Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24302 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== MITHLESH KUMAR @ MITHILESH KUMAR SON OF RAJNANDAN RAY @ RAJNANDAN RAY @ RAJNANDAN PATEL RESIDENT OF VILLAGE- SHIWAEEPATTI WARD NO. 09, PS - BAJPATTI, DISTSITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Sursand P.S. Case No.71 of 2023 dated 09.02.2023 registered for the offence(s) punishable under Section(s) 414 of the Indian Penal Code and Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 90 litres of Nepali Saufi liquor and the same is stated to have been recovered from a motorcycle kept in two jute bags, as per prosecution the said motorcycle and the alleged wine were found in the possession of this petitioner but

Patna High Court CR. MISC. No.24302 of 2023(2) dt.12-05-2023 2/2 the said allegation is completely false and the petitioner had no concern either with the alleged motorcycle or with the alleged wine and the petitioner has fair and clean antecedent and has been languishing in jail since 09.02.2023 and against him the investigation has been completed and two police chowkidars have been made witnesses of the seizure of the alleged wine and at the time of search and seizure the provisions of Section 100 of Cr.P.C. were not followed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Sursand P.S. Case No.71 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) sangam/- U T