Patna High CourtCR. MISC./68799/2023allowed

Mukesh Kumar Sah v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68799 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- MANSAHI District- Katihar ====================================================== MUKESH KUMAR SAH S/o Vinod Sah R/O Maniya, Ward No. - 1, P.S. - Katihar Muffasil, Distt- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioner is said to have been apprehended with a sack from where, 87.9 liters of illicit liquor was recovered.

4. 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 suspicion. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered

Patna High Court CR. MISC. No.68799 of 2023(3) dt.01-12-2023 2/2 from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 10.8.2023.

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

6. 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 Mansahi P.S. Case No. 132 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Excise Court No.2, Katihar.

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