Patna High CourtCR. MISC./59574/2021bail granted

Mukesh Kumar v. The State Of Bihar

2022-01-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59574 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== MUKESH KUMAR Son of Sri Bharat Ray Resident of Village - Repura Rampur Vishwanath, P.S. Saraiya, O.P. Jaitpur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahesh Prasad, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and Smt. Indu Kumari Srivastava, learned A.P.P. for the State through virtual court proceedings.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Excise Case No. 84 of 2021, P.R. No. 26 of 2021 instituted for the offences under Sections 30(a) and 30(C) of the Bihar Prohibition and Excise Act, 2016-18.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.08.2021.

Prosecution report has been submitted and allegation is of recovery of 175 litre of country made liquor from the place of occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.59574 of 2021(2) dt.13-01-2022 2/2 petitioner was not arrested from the place of occurrence. His name transpired based on secret information received by the police and came to be falsely implicated.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.08.2021 and prosecution report has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Excise Case No. 84 of 2021, P.R. No. 26 of 2021.

(Satyavrat Verma, J) Kundan/- U T