Patna High CourtCR. MISC./33598/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-05-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33598 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Mukesh Kumar Son of Late Shiv Dayal Sah Resident of village - Pipra, P.S.- Darpa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

Mr. Hemant Ray, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chhauradano P.S. Case No. 71 of 2024 dated 23.03.2024 registered for the offences punishable u/ss 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 59.015 litres of illicit foreign liquor was recovered from the room of the coaccused, Tufan Patel.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.33598 of 2024(2) dt.02-05-2024 2/2 this case. The name of the petitioner has transpired in this case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery rather the recovery has been made from the co-accused person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Chhauradano P.S. Case No. 71 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T