Mukesh Singh @ Mukesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31769 of 2020 Arising Out of PS. Case No.-215 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== MUKESH SINGH @ MUKESH KUMAR SINGH Son of Late Jay Narayan Singh Resident of Village Badadih (Dargah), P.S. Katra, District - Muzaffarpur.
... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Bhavesh Kumar, Advocate.
For the State :
Ms. Indu Kumari Shrivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-12-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 25.11.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.
Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Katra P.S. Case No.215 of 2019 registered under Sections 272 and 273 of the Indian Penal Code besides Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CR. MISC. No.31769 of 2020(2) dt.10-12-2020 2/3 The accusation is that in course of patrolling duty, the informant along with other police personnel received information about stopping of the Bolero Pickup Van loaded with liquor by the villagers at village-Fatehpur. Thereafter, the informant along with other police personnel reached there and came to know that the driver of the Bolero Pickup Van had fled away. On search of the Bolero Pickup Van, 2736 bottles, containing Indian Made Foreign Liquor in the volume of 621.720 liters, were recovered. The Bolero Pickup Van was without Registration Number.
Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the owner of the seized Bolero Pickup Van from which the alleged recovery of Indian Made Foreign Liquor is said to be made. The petitioner was not apprehended from the Bolero Pickup Van. The petitioner is also accused in one more case of similar nature, as detailed in paragraph-3 to this application, in which he is on bail. In the present case, the petitioner is in custody since 19.06.2020. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.31769 of 2020(2) dt.10-12-2020 3/3 satisfaction of the Special Judge Excise, Muzaffarpur, in connection with Katra P.S. Case No.215 of 2019. Out of the two sureties, one must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T