Patna High CourtCR. MISC./94/2023allowed

Mukesh Kumar v. The State Of Bihar

2023-03-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.94 of 2023 Arising Out of PS. Case No.-506 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Mukesh Kumar Son Of Shree Ramotar Yadav R/O Village- Mathahi, Ward No.06, P.S. And District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Jha For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 94 litres of Wiscof Codeine Syrup (Brand- Codeine Phosphate and Tripolidine Hydrochloride Syrup) from a car.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is submitted that petitioner has no concern either with the alleged recovery or with the vehicle in question. Petitioner is only sitting in the alleged car and due to this he has been implicated in the present case.

Patna High Court CR. MISC. No.94 of 2023(2) dt.29-03-2023 2/2 Moreover, the petitioner is languishing in judicial custody since 18.10.2022. Similarly situated co-accused person has been granted bail vide order dated 28.03.2023, passed in Cr. Misc. No. 482 of 2023 by this Court.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is 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 Additional Sessions Judge VII-cum-Special Judge Excise II, Madhepura in connection with Madhepura Excise P.S. Case No. 506 of 2022.

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