Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39531 of 2018 Arising Out of PS.Case No. -167 Year- 2018 Thana -PATNA CITY CHOWK District- PATNA ====================================================== Mukesh Kumar, S/o Shyam Sunder Rai, R/o Bakshi Maidan, P.S.- Chowk, Distt.- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Kumar, Advocate For the Opposite Party/s : Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Chowk P.S. Case No. 167 of 2018 (Special Case No. 4149 of 2018) for the offence under Sections 272, 273, 290/34 of the Indian Penal Code and Sections 37(c)/30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. The petitioner is in custody since 02.05.2018 in connection with seizure of 56 litres of country made liquor. He submits that the recovery was made from an under construction house and not from the conscious possession of the petitioner.

Considering the fact that the petitioner has no criminal antecedent and he has remained in custody for more than

Patna High Court Cr.Misc. No.39531 of 2018 (2) dt.09-07-2018 2/2 two months, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in connection with Chowk P.S. Case No. 167 of 2018.

(Anil Kumar Upadhyay, J) Uday/- U T