Mukesh Nut@Mukesh Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43768 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== MUKESH NUT@MUKESH NAT SON OF SHIVJI NUT RESIDENT OF VILLAGE- CHAK BHADIKARA, PS- SIKANDERPUR, DISTT- BALIA (UP) , AT PRESENT RESIDENT OF VILLAGE- PARSONI, PSSIDHWALIA, DISTT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sidhwalia P.S. Case No. 131 of 2023 dated 18.4.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 45 litres of illicit country made chulai liquor kept in a gallon is alleged to have recovered from the bush of Saran Bandh. The petitioner was

Patna High Court CR. MISC. No.43768 of 2023(2) dt.27-07-2023 2/2 apprehended from the spot and the co-accused Rinku Devi fled away.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 20.4.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail 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 concerned, Gopalganj in connection with Sidhwalia P.S. Case No. 131 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T