Patna High CourtCR. MISC./51039/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-07-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51039 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- SAHARGHAT District- Madhubani ====================================================== MUKESH KUMAR S/O SHRI JAGDISH MAHTO R/O VILLAGEDOGHRA, WARD NO. 5, P.S- JALE, DISTT.- DARBHANGA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Saharghat P.S. Case No. 49 of 2024 for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence. On seeing the police, a person from the car in question tried to flee away but he was caught by the police and on interrogation, he disclosed his name as Mukesh Kumar (petitioner). On search, 72 liters liquor was recovered from the Car.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered

Patna High Court CR. MISC. No.51039 of 2024(2) dt.26-07-2024 2/2 from the possession of the petitioner. The petitioner is a person of clean antecedent and is under custody since 18.05.2024.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Saharghat P.S. Case No. 49 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) After release, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case, his bail bond shall be cancelled.

(Nawneet Kumar Pandey, J) Nirmal/- U T