Patna High CourtCR. MISC./54836/2024bail granted

Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar

2024-07-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54836 of 2024 Arising Out of PS. Case No.-323 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Mithlesh Kumar @ Mithilesh Kumar Son of Rudal Ray R/O Vill.- Harpur Mahmada, P.S.- Pusa, District - Samastipur .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sakra P.S. Case No. 323 of 2024 dated 21.06.2024 registered for the offences punishable u/s 272, 273, 420, 467, 468, 471, 34 of the I.P.C. and Section 30(a), 30(d), 36 of Bihar Prohibition and Excise Act and Section 25(1-B)a, 26, 35 of the Arms Act.

3. As per the prosecution case, total 22.500 litres of illicit foreign liquor, some empty bottles and liquor making apparatus were recovered from the mango orchard of the Krishan Kumar and one country made pistol alongwith one live cartridge was recovered from the possession of the Santosh Kumar.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.54836 of 2024(2) dt.30-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the local chowkidar. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Sakra P.S. Case No. 323 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T