Patna High CourtCR. MISC./35062/2023bail granted

Mukesh Kumar @ Mukesh Kumar Yadav v. The State Of Bihar

2023-05-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35062 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- BHIMPUR District- Supaul ====================================================== MUKESH KUMAR @ MUKESH KUMAR YADAV Son of Ramnarayan Yadav Resident of village - Madhura, West, Ward no. 01, P.S. - Fulkaha, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with S.T. Case No. 408 of 2023 arising out of Bhimpur P.S. Case No. 40 of 2023 dated 05.04.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 108 litres of Nepali liquor was recovered from the motorcycle of the petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.35062 of 2023(2) dt.25-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has submitted that the petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.04.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Supaul in connection with S.T. Case No. 408 of 2023 arising out of Bhimpur P.S. Case No. 40 of 2023. The application stands allowed.

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