Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39197 of 2020 Arising Out of PS. Case No.-248 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Mukesh Sah, S/o Bhulan Sah, Resident of Village- Dumari Pakri (Ismile), P.S.- Sadar, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Ms. Meena Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-02-2021 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sadar P.S. Case No.248 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 181.980 litres illicit liquor has allegedly been recovered from the petitioner.

Counsel for the petitioner submits that the petitioner has no criminal antecedents. The allegation is false and fabricated, based on extraneous considerations. Recovery is from a vehicle parked in an open place having general access. The petitioner is in custody since 28.08.2020. Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.39197 of 2020(2) dt.08-02-2021 2/3 bail Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court of Special Judge, Excise Act, Muzaffarpur, in connection with Sadar P.S. Case No.248 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel

Patna High Court CR. MISC. No.39197 of 2020(2) dt.08-02-2021 3/3 would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T