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Patna High CourtCR. MISC./53398/2021bail granted

Mukesh Kumar v. The State Of Bihar

2022-05-12Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53398 of 2021 Arising Out of PS. Case No.-318 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== MUKESH KUMAR S/O Late Abhiram Sharma R/O Village - Malipur Pakari, Ward No. - 15, P.S. - Nagar Sitamarhi, Dist. - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with C2 Case No. 318 / 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

A total quantity of 66 liters of illicit liquor has been recovered from the house cum shop of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He next submits that at the time of search and seizure procedures prescribed under the Cr.P.C. and the Excise Act have not been followed by Excise Officials. The petitioner is in custody since 8-7-2021, charge sheet has already been submitted and there is no

Patna High Court CR. MISC. No.53398 of 2021(2) dt.12-05-2022 2/2 likelihood that petitioner will abscond or tamper with the evidence if released on bail.

Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 8-7-2021 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge Excise Act Sitamarhi in connection with C2 Case No. 318 / 2021. (Anil Kumar Sinha, J) praful/- U T