Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44701 of 2018 Arising Out of PS.Case No. -158 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ======================================================
1. Mukesh Kumar, Son of Rameshwar Mahto @ Rameshar Mahto Resident of Village-Rampur Samthu, P.S. Angarghat, District-Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv. Mrs.Vandana Singh, Adv.
For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P.. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) and 38 (1) of the Bihar Prohibition and Excise Act, 2016.
11 liters of country made liquor is said to have been recovered from the house of the petitioner and petitioner was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. The house of the petitioner is inhabited by his
Patna High Court Cr.Misc. No.44701 of 2018 (02) dt.24-07-2018 several family members and he had no knowledge of keeping of the said liquor in the house. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 22.05.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 6th-cum-Special Judge Excise Act, Samastipur in connection with Excise Case No.158 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T