Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74693 of 2019 Arising Out of PS. Case No.-612 Year-2019 Thana- MASAUDHI District- Patna ====================================================== MITHILESH KUMAR Son of Raghvendra Prasad Resident of VillageBadroi, Police Station- Masaudhi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 18.08.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2016.

It is alleged that 60 litres of mahua liquor has been recovered from the motorcycle of the petitioner. It is submitted by learned counsel for the petitioner that only on the basis of mere suspicion, the petitioner has been roped in the present case and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that apart from the present case, the petitioner is accused in one other case of similar nature.

Patna High Court CR. MISC. No.74693 of 2019(2) dt.04-12-2019 2/2 Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery and the fact that investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna, in connection with Excise Case No.612 of 2019, arising out of Special Case No. 7377 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T