Mithlesh Kumar @ Langri @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67931 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Mithlesh Kumar @ Langri @ Mithilesh Kumar S/o Kishore Ray R/o VillageMirzapur Mahanthpatti, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Ms. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases.

4. Allegation is of recovery of 206.625 litres of liquor from a car.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle. It is further submitted that petitioner came to be implicated at the instance of the local people but then it is

Patna High Court CR. MISC. No.67931 of 2024(2) dt.20-09-2024 2/2 submitted that police in majority of the cases implicate either at the instance of the Chawkidar, local people, secret information or confessional statement in a mechanical manner without holding proper investigation of the case. It is next submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically and at times to save the real culprits. It is also submitted that petitioner is in custody since 29.07.2024.

6. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released 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 below where the case is pending in connection with Rajnagar P.S. Case No. 70 of 2024.

(Satyavrat Verma, J) Kundan/- U T