Mukesh Kumar @ Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56085 of 2023 Arising Out of PS. Case No.-541 Year-2022 Thana- SAHPUR District- Patna ====================================================== Mukesh Kumar @ Mukesh Rai Son Of Lobhi Rai Resident Of VillageDaudpur, Ward No.-1, Police Station-Shahpur, Districti-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Smita Kumari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition & Excise Act.

There is recovery of 120 litres of illicit country made liquor from the bushes.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered

Patna High Court CR. MISC. No.56085 of 2023(2) dt.12-09-2023 2/2 from the conscious possession of the petitioner. The petitioner has no concern either with the place of seizure or the illicit liquor. The petitioner is languishing in custody since 07.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Danapur, Patna in connection with Shahpur P.S. Case No. 541 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T