Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69464 of 2021 Arising Out of PS. Case No.-134 Year-2021 Thana- MADHWAPUR District- Madhubani ====================================================== Monu Kumar Son of Hari Ray Resident of Village - Choraut, Police Station - Choraut, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Garg For the Opposite Party/s :

Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Madhwapur P.S. Case No. 134 of 2021, registered for the offence punishable punishable under Sections 272, 273/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018. 52.27 litres of Nepali saufi wine has been recovered from a shop namely, Palak Meat House and this petitioner was apprehended on the spot.

It is submitted that no recovery has been made from conscious possession of this petitioner. The shop in question does not belong to this petitioner. Petitioner is simply a servant and has got no concern with the seized liquor. Petitioner is in custody since 03.11.2021 having no criminal antecedent, as

Patna High Court CR. MISC. No.69464 of 2021(2) dt.22-12-2021 2/2 stated in para 3 of the petition.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge 2nd-cum-Special Judge Excise, Madhubani in connection with Madhwapur P.S. Case No. 134 of 2021. (Prabhat Kumar Singh, J) vinita/- U T