Patna High CourtCR. MISC./46807/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-07-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46807 of 2024 Arising Out of PS. Case No.-1026 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Mukesh Kumar Son of Tej Manjhi @ Teja Manjhi R/O- -MOHALLAJiyaulhak Colony, P.S.- Agakuan, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Adv For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Agamkuan P.S. Case No. 1026 of 2021 dated 30.10.2021 registered for the offences punishable u/s 30(a), 32, 34 and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 35 litres of illicit country made liquor was recovered from the room of the petitioner.

4. 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

Patna High Court CR. MISC. No.46807 of 2024(2) dt.03-07-2024 2/2 possession of the petitioner. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Patna, in connection with Agamkuan P.S. Case No. 1026 of 2021, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

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