Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34364 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- SONEPUR District- Saran ====================================================== MUKESH KUMAR SINGH S/O RAM KISHOR SINGH R/O VILLAGEBAIJALPUR KESHO, P.S-SONEPUR, DISTRICT-SARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Sinha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection Sonepur P.S. Case no. 150 of 2021 registered for the offence punishable under sections 30(a), 38, 40(i), 37(b) (c) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 21.03.2021 and is person with clean antecedent and charge sheet has been submitted. He further submits that 5066.640 liter Indian made foreign liquor was recovered from a truck, one motorcycle and scooty and mobile was also recovered from the possession of Amit Kumar Mishra. Learned counsel submits that alleged recovery is from truck, motorcycle and scooty and motorcycle belongs to the

Patna High Court CR. MISC. No.34364 of 2021(2) dt.01-12-2021 2/2 petitioner from which 17 liter liquor was recovered. He next submits that while he was going to home, he parked his motorcycle and went to attend call of nature and it seems that someone, in the meantime, had kept liquor on the motorcycle. Learned counsel submits that recovery was made from seat of the motorcycle and no prudent person would keep it on the seat of motorcycle rather would try to conceal it. Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody since 21.03.2021 and charge sheet has been submitted, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ II-cum- Special Judge (Excise), Saran at Chapra in Sonepur P.S. Case no. 150 of 2021.

(Satyavrat Verma, J) s.hassan/- U T