Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54265 of 2023 Arising Out of PS. Case No.-415 Year-2023 Thana- MALSALAMI District- Patna ====================================================== Mukesh Kumar Son Of Sri Pappu Sah @ Pappu Sah Resident Of Village - Nand Gola, Badi Sangat, Police Station - Malsalami, District - Patna ... ... Petitioner/S

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 36 Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 200 liter illegal liquor from a tempo bearing Reg. No. BR01PE-9476.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was apprehended on the spot nor vehicle in question belongs to him. It is further submitted that nothing has been

Patna High Court CR. MISC. No.54265 of 2023(2) dt.28-08-2023 2/2 recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 18.07.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Malsalmi P.S. Case No. 415 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Judge Excise Patna City.

(Sunil Kumar Panwar, J) Manishkumar/- U T