Patna High CourtCR. MISC./68973/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-09-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68973 of 2024 Arising Out of PS. Case No.-1269 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Mukesh Kumar Son of Tez Manjhi @ Teja Manjhi At present resident of Jiyaulhaque Colony, Naya Tola Kumrhar, PS -Agamkuan, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Sinha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 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 Agamkuan P.S. Case No. 1269 of 2021 (corresponding to the Special Excise Case No. 8766 of 2021) dated 25.12.2021 registered for the offences punishable u/ss 30(a), (c), 32, 34, 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 110 litres of illicit country made liquor was recovered from the house of the co-accused Urmila Devi and Sharda Devi.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.68973 of 2024(2) dt.25-09-2024 2/2 petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.07.2024.

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 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, Patna City in connection with Agamkuan P.S. Case No. 1269 of 2021 (corresponding to the Special Excise Case No. 8766 of 2021), with the following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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