Patna High CourtCR. MISC./700/2021bail granted

Mithlesh Kumar v. The State Of Bihar

2021-03-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.700 of 2021 Arising Out of PS. Case No.-442 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Mithlesh Kumar Son Of Bhasho Mandal Resident Of Village-Ghosikundi, P.S.-KIUL, District-Lakhisarai.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Lakhisarai (Kabaiya) P.S. Case no. 442 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR 60 litres of Mahua liquor is stated to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place. He has been falsely implicated in the case. He is in custody since 30.8.2020 and has no criminal antecedent. Charge sheet has been submitted in the case.

Patna High Court CR. MISC. No.700 of 2021(2) dt.18-03-2021 2/2 Learned APP for the State has opposed the prayer for bail. Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and investigation in the case has concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Lakhisarai (Kabaiya) P.S. Case no. 442 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees 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, Excise, Lakhisarai.

(Partha Sarthy, J) Prakash/- U