Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35021 of 2020 Arising Out of PS. Case No.-170 Year-2020 Thana- NARHATT District- Nawada ====================================================== 1.

Mukesh Kumar, Male, aged about 19 years, S/O Late Umesh Chaudhary 2.

Dipu Kumar, Male, aged about 21 years, S/O Suresh Chaudhary 3.

Yogendra Kumar, Male, aged about 18 years, S/O Rajo Manjhi, all resident of Village- Gondpur, P.S.- Sirdalla, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Lilawati Singh, Advocate For the State :

Mr.Dilip Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2020 Heard the parties through the virtual court proceeding. Since physical court proceeding is not functioning due to present Pandemic Covid-19, the matter is listed with defect. Learned counsel for the petitioners undertakes to remove the defect within three weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench.

The petitioners seek bail in connection with Narhat P.S. Case No. 170 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is that 70 liters of

Patna High Court CR. MISC. No.35021 of 2020(2) dt.21-12-2020 2/3 Mahua wine has been recovered from the house of co-accused Sunil Rajbansi.

Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather 70 liters of Mahua wine has been recovered from the house of co-accused Sunil Rajbansi. Learned counsel for the petitioners further submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners further submits that the petitioners have no criminal antecedent. Learned counsel for the petitioners further submits that the petitioners are in jail custody since 19.07.2020. Learned A.P.P. for the State opposed the bail petition. Petitioners are agreed to deposit a sum of Rs.5,000/- (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IInd-cum-Special Judge. Excise Act,

Patna High Court CR. MISC. No.35021 of 2020(2) dt.21-12-2020 3/3 Nawada in connection with Narhat P.S. Case No. 170 of 2020. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T