Patna High CourtCR. MISC./50367/2021bail granted

Mukesh Kumar v. The State Of Bihar

2022-02-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50367 of 2021 In CRIMINAL MISCELLANEOUS No.791 of 2021 Arising Out of PS. Case No.-335 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== MUKESH KUMAR Son of Rajnandan Singh Resident of village - Uchkundha, P.S.- Daudnagar, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 34 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 1087.5 litres of country liquor is said to have been recovered from the room meant for storage of fodder next to the house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession or from his fodder house. In any case the alleged place of occurrence is an open place accessible to all. The petitioner is in custody since 25.6.2021 and has no criminal antecedent.

Patna High Court CR. MISC. No.50367 of 2021(2) dt.23-02-2022 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having any criminal antecedent and having remained in custody for more than 7 months, the petitioner is directed to be enlarged on bail in connection with Daudnagar P.S. Case no. 335 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge II - cum - Special Judge, Excise Act, Aurangabad.

(Partha Sarthy, J) Spd/- U T