Mukesh Kumar @ Mukesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75255 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Mukesh Kumar @ Mukesh Thakur S/O Binay Thakur @ Naval Kishor Ray Resident of vill.- Chandauli, P.S- Warisnagar, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Warisnagar PS Case No. 40 of 2024 instituted for the offences under Sections 30(a), 41 (I) of the Bihar Prohibition and Excise Act 2016.
3.
The prosecution case, in short, is that there is recovery of 2464.41 liters liquor was recovered from a truck. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The name of the
Patna High Court CR. MISC. No.75255 of 2024(2) dt.25-10-2024 2/3 petitioner has transpired in this case during course of investigation. The petitioner is in custody since 10.09.2024 and having got six criminal antecedents. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 04.04.2024, passed in Cr. Misc. No. 25709 of 2024.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court of the learned Special Judge Excise Court No. 02, Samastipur in connection with Warisnagar PS Case No. 40 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.75255 of 2024(2) dt.25-10-2024 3/3 bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T