Patna High CourtCR. MISC./38004/2020bail granted

Mukesh Singh v. The State Of Bihar

2021-04-15Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38004 of 2020 Arising Out of PS. Case No.-232 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== MUKESH SINGH, Son of Nand Kishore Singh Resident of Village- Jaipur, P.S.- Sasaram (M), Distt- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2021 Heard Mr. Sanjay Kumar Tiwary, learned counsel for the petitioner and Mr. Zainul Abedin, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sasaram (M) P. S. Case No. 232 of 2020, dated 22.07.2020, instituted for the offence under Section 30 (a) of Bihar Excise and Prohibition Act, 2018.

4 litres of Mahua liquor is said to have been recovered from a room attached to the Dalan of the house of the petitioner.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.38004 of 2020(2) dt.15-04-2021 2/3 submitted that the seized liquor was allegedly kept in a bottle of cold drink and it was not sent for any examination to ascertain that it was an excisable item. These facts, it has been submitted, would be evident from the records of the case.

Considering the nature of accusation in the F.I.R. and taking into account the fact that the petitioner does not have criminal antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge - II - cum - Special Judge of Excise, Rohtas at Sasaram, in connection with Sasaram (M) P. S. Case No. 232 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

Patna High Court CR. MISC. No.38004 of 2020(2) dt.15-04-2021 3/3 The application stands allowed.

(Ashutosh Kumar, J) skm/- U T