Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33523 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- GANDHIMAIDAN District- Patna ====================================================== Mukesh Kumar S/o Sri Shiv Sahani Resident of Banpar Tola, Bhattacharya Road, P.S.- Gandhi Maidan, District- Patna, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar For the Opposite Party/s :

Mr. Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gandhi Maidan P.S. Case No. 131 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act-2016.

1.5 lts. of foreign liquor is said to have been recovered from possession of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with any trade of liquor. He has been

Patna High Court CR. MISC. No.33523 of 2019(2) dt.21-05-2019 2/2 falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. Petitioner has no criminal antecedent and has been languishing in custody since 17.03.2019.

On the other hand, learned APP for the State opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Gandhi Maidan P.S. Case No. 131 of 2019.

(Prakash Chandra Jaiswal, J) rohit/- U T