Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45473 of 2018 Arising Out of PS.Case No. -501 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Mukesh Kumar @ Mukesh Yadav, Son of Ashok Yadav. resident of Village- Lakhram, P.S.- Siwan (Muffasil), District- Siwan. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bijay Prakash Singh, Adv. For the Opposite Party : Mr. Asharaf Ansari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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 Sections 272, 273 and 411 of the Indian Penal Code and Section 30 (A) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.
27 liters of foreign liquor is said to have been recovered from the house of Dharmendra Yadav and 18 liters foreign liquor from the Bolero vehicle parked in front of the house of the aforesaid accused and five accused persons managed to escape from the place of occurrence who were identified by the locals. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious
Patna High Court Cr.Misc. No.45473 of 2018 (2) dt.26-07-2018 physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. The identity and genuineness of the source of information has not been mentioned in the written report. He has no criminal antecedent and has been languishing in custody since 28.06.2018.
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-II-cum-Special Judge Excise, Siwan in connection with Siwan ( Muffasil) P.S. Case No. 501 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T