Patna High CourtCR. MISC./32733/2023bail granted

Mukesh Kumar v. The State Of Bihar

2023-05-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32733 of 2023 Arising Out of PS. Case No.-610 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== MUKESH KUMAR Son of Shyam Sundar Kumar @ Shyam Sunder Resident of village-Bahalgarh (Wahalgadh), P.S.-Rai, District-Sonipat, Harayana. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinhak, Advocate.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks regular bail in connection with Tajpur P. S. Case No. 610 of 2022 registered for the offence punishable under Sections 272, 273, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 30(a), 32(1), 32(2), 36, 41(i) 41 (2)of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Learned counsel for the petitioner submits that the there is recovery of 501.84 litres of illicit liquor from the container of the truck in question and also the petitioner is in custody since 16.12.2022. The petitioner has no criminal

Patna High Court CR. MISC. No.32733 of 2023(2) dt.23-05-2023 2/2 antecedent.

Learned APP has vehemently opposed the prayer for bail.

Considering the nature of allegation levelled against the petitioner, his period of custody and his clean antecedent, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise)-02, Samastipur in connection with Tajpur P. S. Case No. 610 of 2022.

Since the petitioner is from Harayana, the court below is directed to verify the recent address of the petitioner before releasing him and one of the bailors should be blood relative of the petitioner and he shall be released after framing of charge. The verification process shall be initiated by court below just after the communication of the copy of this order to the court below.

(Sandeep Kumar, J) shakir/- U T