Patna High CourtCR. MISC./60627/2024bail granted

Mithilesh Kumar v. The State Of Bihar

2024-08-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60627 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Mithilesh Kumar Son of Umesh Ray Resident of Village- Mohammadpur, P.S.- Garkha, District Saran Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 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 Mashrakh Excise P.S. Case No. 42 of 2024 dated 16.07.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 103.680 litres of foreign liquor was recovered from the tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Neither the auto nor the recovered liquor belong to the petitioner in any manner and the petitioner has absolutely no

Patna High Court CR. MISC. No.60627 of 2024(2) dt.21-08-2024 2/2 concern with the seized articles. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.07.2024.

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/3rd Exclusive Special Excise Court, Saran, Chapra in connection with Mashrakh Excise P.S. Case No. 42 of 2024.

7. The application stands allowed.

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