Patna High CourtCR. MISC./74377/2022allowed

Mukesh Kora @ Umesh Kora v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74377 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- LACHHUAR District- Jamui ====================================================== MUKESH KORA @ UMESH KORA S/o Late Bhothari Kora R/o VillageBangalwa, P.S.- Dharhara, Distt- Munger. At present Vill- Korasi, P.S.- Lachuar, Distt- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of of total 20 liters country made liquor behind the matrimonial house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of mere suspicion. Place of recovery is open place and

Patna High Court CR. MISC. No.74377 of 2022(2) dt.13-01-2023 2/2 the petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered from his conscious or constructive possession. The petitioner is languishing in judicial custody since 15.7.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lachhuar P.S. Case No. 70 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court-I, Jamui.

(Sunil Kumar Panwar, J) amandeep/- U T