Patna High CourtCR. MISC./71470/2022allowed

Mukesh Kumar v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71470 of 2022 Arising Out of PS. Case No.-662 Year-2022 Thana- ARARIA District- Araria ====================================================== Mukesh Kumar Son Of Bhikhari Rai R/O Village- Raghopur, Ward No.8, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Araria (Bairgachhi) P.S. Case no. 662 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 150 liters country made illegal liquor from a four wheeler bearing Registration No. UP14AZ0923.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is neither the owner nor the driver of the alleged vehicle from where the recovery has been made. He has falsely been implicated in this present case. Petitioner has no

Patna High Court CR. MISC. No.71470 of 2022(2) dt.06-01-2023 2/2 concern with the alleged recovery of illicit liquor or vehicle in question. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 05.08.2022.

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 Araria (Bairgachhi) P.S. Case No. 662 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 Special Judge Excise-1st, Araria.

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