Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70429 of 2022 Arising Out of PS. Case No.-294 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Mukesh Kumar S/O Mohan Prasad Yadav @ Mohan Yadav @ Mohan Mandal R/V- Koshlipatti, Ward No. 15, P.S.- Kishanpur At Present Under P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== 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 has prayed for bail in a case registered for the offence punishable under sections 30(a), 41(i) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 459 litres of Nepali liquor from a car bearing registratio No. WB06E-6055. Petitioner was arrested on spot. Petitioner is owner-cum-driver of the alleged vehicle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.70429 of 2022(2) dt.06-01-2023 2/3 been implicated in the present case. The name of the petitioner has come only because he is the owner of the said vehicle. Petitioner is languishing in judicial custody since 28.07.2022.

Learned APP appearing on behalf of State vehemently opposed the prayer of the petitioner and submitted that petitioner is owner of the vehicle in question.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are 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 Judge, Excise, Court No. 2, Civil Court, Supaul in connection with S.T. Excise 695 of 2022, arising out of Raghopur P.S. Case No. 294 of 2022.

The petitioner is directed to deposit a sum of

Patna High Court CR. MISC. No.70429 of 2022(2) dt.06-01-2023 3/3 Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) nirajkrs/- U T