Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35535 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== MUKESH KUMAR SON OF BRIJKISHOR RAI R/O VILLAGE- SADHA, P.S.- CHAPRA MUFFASIL, DISTT.- SARAN AT CHAPRA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rajani Kumari, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2022 Heard Ms. Rajani Kumari, learned counsel for the petitioner and Mr. Mohammad Sufyan, Additional Public Prosecutor for the State via video conferencing. Petitioner seeks regular bail in connection with Chapra Muffasil PS Case No. 57/2021 registered for the offence punishable under Sections 272, 273, 324, 353 of the IPC and Sections 30(a), 45 of Bihar Prohibition & Excise Act 2016. As per First Information Report, altogether 809 litres of illicit liquor was recovered from the kiln of the co-accused persons and the petitioner was arrested from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. She, referring to the seizure list, further submits that illicit liquor has been

Patna High Court CR. MISC. No.35535 of 2021(2) dt.05-01-2022 2/2 recovered from the premises of co-accused persons and the same has not been recovered from the conscious possession or from the premises belonging to the petitioner. She next submits that petitioner is in custody since 26.12.2020 having no criminal antecedent and the charge-sheet in the matter has been submitted.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 26.12.2020 having no criminal antecedent and no illicit liquor has been recovered from the conscious possession or from the premises belonging to the petitioner and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, MUKESH KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge-cum-Special Judge, Excise, Saran at Chapra in connection with Chapra Muffasil PS Case No. 57/2021. (Anil Kumar Sinha, J) perwez U T