Mithu Kumar @ Mitthu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4023 of 2021 Arising Out of PS. Case No.-109 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== MITHU KUMAR @ MITTHU KUMAR, Son of Nand Kishore Rai, Resident of Village - Sadhadambar Near Water Tank, P.S.- Motipur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2021 Heard Mr. Manoj Kumar, learned Counsel for the petitioner and Ms. Madhuri Lata, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Motipur Police Station Case No. 109 of 2019, disclosing offences under Sections 30(a), 38(1)(2), 41(1) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police on the basis of secret information raided the house of Rajesh Kumar and Amresh Kumar and recovered a total quantity of 72 litres of illicit foreign liquor from their house and upon seeing the police party, the petitioner along with others succeeded in fleeing away from the place of occurrence.

Patna High Court CR. MISC. No.4023 of 2021(2) dt.23-03-2021 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. Learned counsel next submits that petitioner has got no criminal antecedent and the accused persons from whose house the illicit liquor has been recovered have been granted bail by a Coordinate Bench of this Court in Cr. Misc. No.13107 of 2020. Learned counsel further submits that petitioner is in custody since 05.09.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 05.09.2020 having no criminal antecedent and the co-accused persons have been granted bail by a Coordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Mithu Kumar @ Mitthu Kumar, 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 learned Special Judge, Excise Act, Muzaffarpur, in connection with Motipur Police Station Case No. 109 of 2019.

It is made clear at the time of furnishing bail bond, all

Patna High Court CR. MISC. No.4023 of 2021(2) dt.23-03-2021 3/3 the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T