Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55155 of 2022 Arising Out of PS. Case No.-428 Year-2021 Thana- BARH District- Patna ====================================================== Mukesh Kumar Son of Shivvalak Yadav @ Shibalak Yadav @ Shivlak Prasad Resident of Village- Talimpur, Gulab Bagh, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the State :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barh P.S. Case No. 428 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 05.09.2022.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where 30.6 liters of English wine was recovered.

Learned counsel appearing on behalf of the petitioner submitted that the recovery of illicit liquor was made from open road and not from the conscious physical possession of the

Patna High Court CR. MISC. No.55155 of 2022(3) dt.16-11-2022 2/2 petitioner. It is further pointed out that the petitioner is involved in 6 more criminal case, out of which remanded in four cases under confession due to similarity of name. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances. as mentioned above, as recovery of illicit liquor was made from open place, which is accessible by general public coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barh P.S. Case No. 428 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Barh, Patna/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- S.Tripathi/- U T