Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18949 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ====================================================== Mukesh Kumar, son of Ram Lakhan Prasad, resident of Macharhatta Gali, P.S. Khajekalan, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Chowk P.S.Case No. 52 of 2017 registered for the offences punishable under Sections 30(a), 34, 33 and 36 of Bihar Prohibition and Excise Act.

Allegation against the petitioner is of recovery of 2 bottles, containing 750 ml. each, of Royal Stag Classic Whisky and 8 bottles, containing 750 ml. each, of Royal Stag Deluxe Whisky.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and he has remained in custody for about two months. It has further been submitted that petitioner has been made accused in other cases also but not relating to Excise Act.

Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.18949 of 2017 (3) dt.02-05-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna City, Patna, in connection with Chowk P.S.Case No. 52 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U