Patna High CourtCR. MISC./50699/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50699 of 2024 Arising Out of PS. Case No.-258 Year-2024 Thana- Excise P.S. District- Sheikhpura ====================================================== Mukesh Kumar S/o Sitaram Das R/o Ahiyapur, P.S. - Sheikhpura, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar, Adv.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2024 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 Sheikhpura Excise P.S Case No. 258 of 2024 dated 14.06.2024 registered for the offences punishable u/s 30(a), 32, 41, 56(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 50 litres of illicit country made liquor was recovered from the E-rickshaw.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle but he is the co-passenger. Nothing has been

Patna High Court CR. MISC. No.50699 of 2024(3) dt.08-08-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.06.2024.

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 period of custody, the petitioner abovenamed, 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, Sheikhpura in connection with Sheikhpura Excise P.S Case No. 258 of 2024.

7. The application stands allowed.

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