Patna High CourtCR. MISC./63095/2024bail granted

Mithilesh Kumar v. The State Of Bihar

2024-09-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63095 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- Marnga District- Purnia ====================================================== Mithilesh Kumar S/O Awadhesh Prasad Singh Resident of Naya Tola Tharha, P.S- Maranga, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 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 Maranga P.S. Case No. 139 of 2024 dated 26.05.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 230.70 litres of illicit foreign liquor was recovered from the Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner and the driver of the seized vehicle. The name of the petitioner has transpired in this case on

Patna High Court CR. MISC. No.63095 of 2024(2) dt.04-09-2024 2/2 mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents in which he on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 11.07.2024.

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 period of custody, the petitioner abovenamed, 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, Purnea in connection with Maranga P.S. Case No. 139 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U