Patna High CourtCR. MISC./13165/2017bail granted

Mukesh Kumar v. The State Of Bihar

2017-03-18Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.13165 of 2017 (2) dt.18-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13165 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -CHATOUNI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Mukesh Kumar, son of Dhrub Chaudhary, resident of Village- Mathia Dih, P.S. Chhatauni, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiva Shankar Sharma, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.01.2017 in connection with Chhatauni P.S. Case No. 234 of 2016 for the offences alleged under Sections 47(A) and 54 of the Bihar Excise (Amendment) Act, 2016 and Section 30(a) of Bihar Prohibition (Amendment) Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 70 bottles containing 300 ml each of Nepali liquor "Jyoti Valley Udyog Relax" written and one 375 ml. Imperial Blue bottle. Recovery of the offending goods from the possession of the petitioner is denied. It is further submitted that the petitioner was not apprehended at the spot rather co-accused Santosh Kumar, who was apprehended at the spot and from whose possession recovery of illegal wine was made, has been granted bail by this Court in Cr. Misc. No. 53584 of 2016.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since

Patna High Court Cr.Misc. No.13165 of 2017 (2) dt.18-03-2017 17.01.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Chhatauni P.S. Case No. 234 of 2016.

(Vikash Jain, J) Md. Ibrarul/BT U T