Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37439 of 2020 Arising Out of PS. Case No.-410 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Mukesh Rai aged about 29 years Son Of Nagina Rai Village Bangra Nizamat, Ps- Sahebganj, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nachiketa Jha, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offence punishable under sections 272/273 of the Indian Penal Code and sections 30 and 41 of the Bihar Prohibition and Excise Act.

Total 35 liters of country made liquor and other materials used in preparing liquor were recovered from the bush.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Charge sheet has already been submitted. Petitioner has got no criminal antecedent and he is in custody since 22.6.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in Sahebganj Police

Patna High Court CR. MISC. No.37439 of 2020(2) dt.02-02-2021 2/2 Station Case No. 410 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T