Mithilesh Kumar Singh @ Mithlesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48393 of 2023 Arising Out of PS. Case No.-165 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Mithilesh Kumar Singh @ Mithlesh Kumar Singh Son Of Late Brahmadeo Singh Resident Of 404, Madhav Vihar Apartment, Dwarika Mandir Lane, Near Guinea Motors, West Boring Canal Road, Patna, P.S. - Srikrishnapuri, Distt. - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(1)(3), 41(1) and 41(2) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 200 litres of liquor from an auto.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. During the course of investigation, it transpired that the number on the auto was a fake number and the said number belongs to a Tata

Patna High Court CR. MISC. No.48393 of 2023(2) dt.28-07-2023 2/2 Safari, which belonged to the petitioner. It is thus submitted that the number plate of Tata Safari of the petitioner was being misused by the owner of the auto.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judgecum- Special Judge, Excise, Patna in connection with Excise P. S. Case No.165 of 2019 (Government Official Camp) dated 20.08.2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T