Patna High CourtCR. MISC./68386/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-10-07Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68386 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- Excise P.S. District- Supaul ====================================================== Mukesh Kumar Son of Subhash Yadav Resident of village- Amha, ward no 05, PS -Supaul District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Excise P.S. Case No. 176 of 2024.

3. As per prosecution case, there has been recovery of total 20 liters of Codeine like Cough Syrup from a Tempo and the petitioner was sat inside the vehicle.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern either with the alleged recovery or with the seized vehicle in question. On the

Patna High Court CR. MISC. No.68386 of 2024(2) dt.07-10-2024 2/2 basis of suspicion, he has been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is a person of clean antecedent and he is in custody since 03.08.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner having no criminal antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 2, Supaul in connection with Excise P.S. Case No. 176 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

7. Before accepting the bail bond, the criminal antecedent(s) of the petitioner shall be verified and if it is found that he is involved in any other case except the present one, his bail bond shall not be accepted.

(Nawneet Kumar Pandey, J) Arish/- U T