Patna High CourtCR. MISC./48780/2024allowed

Mithlesh Kumar v. The State Of Bihar

2024-07-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48780 of 2024 Arising Out of PS. Case No.-215 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Mithlesh Kumar Son of Upendra Mahto R/o Village - Sorpaniya, P.S.- Dhaka (Pachpakari O.P.), District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Adv For the Opposite Party/s :

Mr. Asha Kumari. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 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 Dhaka (Pachpakari) P.S. Case No. 215 of 2024 dated 29.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 8.640 litres of illicit foreign liquor was recovered from the plastic sack tied on the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner of the said vehicle.

Patna High Court CR. MISC. No.48780 of 2024(2) dt.10-07-2024 2/2 Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 30.05.2024.

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, East Champaran in connection with Dhaka (Pachpakari) P.S. Case No. 215 of 2024.

7. The application stands allowed.

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