Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37482 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== 1.

MUKESH KUMAR S/o Bhola Singh R/o- Village - Mokhtiyarpur, P.S. - Bhagwanpur District - Begusarai.

2.

Krisna Kumar S/O- Shashishekhar Pd. Singh R/o- Village - Mokhtiyarpur, P.S. - Bhagwanpur District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted 137.625 litres of IMFL was recovered from the house of Lakhindra Paswan. It is stated that Lakhindra Paswan and Sudhir Chaudhary were arrested while four persons including the two petitioners herein managed to escape. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the person

Patna High Court CR. MISC. No.37482 of 2021(2) dt.07-01-2022 2/2 or possession of the petitioners who have been falsely implicated in the case because of their antecedents. They are in custody since 22.3.2021 and 18.3.2021 respectively. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners not having been caught at the place of occurrence and charge sheet having been submitted in the case, the Court directs the above two petitioners to be enlarged on bail in connection with Bhagwanpur P.S. Case no. 171 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) Prakash/- U