Mukesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41571 of 2018 ======================================================

1. Mukesh Kumar, Son of Raghubir Mandal

2. Bachan Mandal @ Bechan Mandal, Son of Late Chutahru Mandal. Both resident of Village- Jorgama, Ward No. 2, Police Station- Murliganj, District- Madhepura.

.... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Mr. Sri Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 30(a), 37(b) of the Bihar Prohibition and Excise Act, 2016.

6 liters of country made liquor is said to have been recovered from the possession of petitioner no.1-Mukesh Kumar while 5 liters of country made liquor from the possession of petitioner no.2-Bachan Mandal.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in the case at

Patna High Court Cr.Misc. No.41571 of 2018 (2) dt.12-07-2018 2/2 the instance of their enemies by planting aforesaid recovery from their possession. They have no criminal antecedent and have been languishing in custody since 15.05.2018.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge - II-cum-Special Judge, Excise Act, Madhepura in connection with Murliganj Police Station Case No. 162 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/ U T