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Patna High CourtCR. MISC./77272/2023allowed

Mitthu Thakur @ Mitthu Kumar @ Mithun Thakur @ Mithun Kumar v. The State Of Bihar

2023-11-29Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77272 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

MITTHU THAKUR @ MITTHU KUMAR @ MITHUN THAKUR @ MITHUN KUMAR S/O SRI SHANKAR THAKUR VILLAGE- THIKAHI, PS. HATHAUDI, DIST. MUZAFFARPUR 2.

UTTAM BAITHA @ UTTAM KUMAR S/O SRI SOMARI BAITHA VILLAGE- HATHAUDI, PS. HATHAUDI, DIST. MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar Mr. Ujjwal Kumar Singh Mr. Rashmi Jha For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-11-2023

1. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Hathaudi P.S. Case No. 179 of 2023 registered under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel appearing on behalf of the petitioner submits that petitioners are innocent and have falsely been implicated in the present case. Further he submits that petitioners have no concern with the alleged pickup van which has been used in transporting the illicit foreign liquor. He further

Patna High Court CR. MISC. No.77272 of 2023(2) dt.29-11-2023 2/2 contended that nothing has been recovered from the conscious possession of the petitioners. Petitioners have no criminal antecedent.

4. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bonds to the satisfaction of the Special Judge, Excise Act, Muzaffarpur in connection with Hathaudi P.S. Case No. 179 of 2023, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U T