Patna High CourtCR. MISC./70167/2023allowed

Mukesh Kumar @ Aman Kumar v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70167 of 2023 Arising Out of PS. Case No.-883 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Mukesh Kumar @ Aman Kumar Son Of Jagdish Yadav @ Jagdish Prasad Yadav Resident Of Village - Bahsa Pipra, Police Station - Fatehpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, there has been recovery of total 139.575 liters of illegal foreign liquor from a Tempo.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. He submitted that one co-accused namely, Pintu Kumar, who apprehended on spot

Patna High Court CR. MISC. No.70167 of 2023(2) dt.03-11-2023 2/2 and on his confessional statement the name of the petitioner has come into light, which has got no evidentiary value in the eyes of law. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Gaya in connection with Gaya Muffasil P.S. Case No. 883 of 2023.

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