Patna High CourtCR. MISC./48902/2023bail granted

Md. Mustak v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48902 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== 1.

MD. MUSTAK SON OF MD. AJIJ RESIDENT OF VILLAGE- BALA RAHI, PS- KHIRHAR, DISTT- MADHUBANI 2.

MOHAN KUMAR SON OF KISHOR MANDAL RESIDENT OF VILLAGE- BALA RAHI, PS- KHIRHAR, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023

1. Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Harlakhi P.S. Case No. 148 of 2023 dated 05.06.2023 registered for the offences punishable u/ss 272, 273 and 34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the petitioners boarded on motorcycle were apprehended by the police, and on search,

Patna High Court CR. MISC. No.48902 of 2023(2) dt.09-08-2023 2/2 81 litres of illicit liquor was recovered.

5. Learned counsel or the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners are not the owner of the vehicle. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 06.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Harlakhi P.S. Case No. 148 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T