Mukesh Kumar @ Munna@Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39364 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- ISHAKCHAK District- Bhagalpur ====================================================== 1.

MUKESH KUMAR @ MUNNA @ Munna Kumar, Son of Dilip Yadav, Resident of Village - Shahjangi, Police Station - Habibpur, District - Bhagalpur.

2.

Randhir Kumar, Son of Vijay Singh, Resident of Village - Digghi, Police Station - Nathnagar, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 30(a) and 38(d) of the Bihar Prohibition and Excise Act, 2016.

From a four wheeler, on which both the petitioners were there, huge quantity of foreign liquor was recovered. Petitioner No. 1 has got no criminal antecedent whereas petitioner no. 2 has got two identical criminal cases against him. Petitioners are in custody since 25.03.2019. Investigation of the case is already complete against the petitioners. Considering the fact that petitioner no. 1 has got no criminal antecedent and investigation of the case is complete against him, let the petitioner no. 1, above named, be released on bail

Patna High Court CR. MISC. No.39364 of 2019(2) dt.27-06-2019 2/2 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 below where the case is pending in connection with Ishakchak Police Station Case No. 49 of 2019, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. Petitioner No. 2 Randhir Kumar has got identical criminal antecedent, hence, petitioner no. 2 shall be released on bail, only if the trial is not concluded within a period of six months from the date of farming of the charges, 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 below where the case is pending in connection with Ishakchak Police Station Case No. 49 of 2019, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T