Mukesh Kumar Singh @ Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66312 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== MUKESH KUMAR SINGH @ MUKESH SINGH Son of Late Jay Narayan Singh Resident of Village- Baradih, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Katra Police Station Case No. 30 of 2021, registered for the offences punishable under Sections 272/273/304/201/302/32834 of the Indian Penal Code and Section 34 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report lodged on the basis of the fardbayan of by the chowkidar, is that on 18.02.2021, the informant got information that one Ram Chandra Manjhi, aged about 78 years and his wife, Manju Devi, died due to some ailment and their dead bodies were cremated by the family members,. It has further been alleged that during the course of enquiry, the informant

Patna High Court CR. MISC. No.66312 of 2021(3) dt.10-05-2022 2/3 came to know that the petitioner, Mukesh Singh, who is said to be the liquor trader, had supplied liquor to the couple and they died due to consumption of liquor. It has further been alleged that due to supply of liquor, other villagers also fell ill. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of the statement of the chowkidar and there is no evidence to show that the petitioner had supplied the liquor to the deceased or any other villagers. He next submits that during the course of investigation, it has been revealed that one person, namely, Vinod Manjhi, died on 19.02.2021, due to consumption of liquor and from perusal of the inquest report prepared by the police on the basis of U. D. case lodged by his wife, it would be evident that he died due to tuberculosis and the doctor has reserved the opinion regarding cause of death after conducting post mortem examination and it is not sure that Vinod Manjhi died due to consumption of liquor.

On the other hand, learned Additional Public Prosecutor, referring to the contents of the case diary, submits that during the course of investigation, it has come that the petitioner is the manufacturer of liquor and used to supply the same to the local people and altogether five persons have died

Patna High Court CR. MISC. No.66312 of 2021(3) dt.10-05-2022 3/3 due to consumption of liquor. He further submits that the petitioner has criminal antecedent inasmuch as 16-17 criminal cases are pending against him.

Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner has criminal antecedent, I am not inclined to grant regular bail to the petitioner, at this stage.

This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after nine months from today, if the trial does not show any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √