Mukesh Kumar @ Mukesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39766 of 2023 Arising Out of PS. Case No.-295 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Mukesh Kumar @ Mukesh Sahni, S/O Vijay Sahni @ Vinay Sahni @ Ramvinay Sahni, R/O Vill. Bakhari Nazir, PS. Mehsi, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Sharan Tiwari, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 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 Piprakhothi P.S. Case No. 295 of 2022 dated 02.11.2022 registered for the offences punishable u/s 188, 272, 273, 414 and 420 read with Section 34 of the Indian Penal Code and u/ss 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

As per the prosecution case, on a secret information, a huge consignment of liquor was brought from U.P. and was being sold in village Ratanpur near Primary School. A raid was conducted and 324 litres of illicit English liquor was recovered

Patna High Court CR. MISC. No.39766 of 2023(2) dt.12-07-2023 2/2 from the place of occurrence. Three accused persons were apprehended. The petitioner is one of the accused persons who fled away from the spot.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has further submitted that the petitioner has no concern with the alleged recovery or the place of occurrence. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 29.03.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, East Champaran at Motihari in connection with Piprakhothi P.S. Case No. 295 of 2022.

The application stands allowed.

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