Patna High CourtCR. MISC./76469/2019bail granted

Mithlesh Kumar v. The State Of Bihar

2019-12-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76469 of 2019 Arising Out of PS. Case No.-428 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

MITHLESH KUMAR Son of Ramdev Sah Resident of Village-Shivdhara, P.S.-L.N.M.U (University), District-Vaishali. 2.

Sonu Kumar Son of Dharmendra Ram Resident of Village-Mabbi Madhupur, P.S.-Sadar Mabbi O.P, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned Counsel for the petitioners and the learned APP for the State.

Petitioner are in custody in G.O. Case No. 1012 of 2019, Sadar (Mabbi O.P) PS Case No. 428 of 2019 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. Recovery of illicit liquor is said to have been made from Sajan Paswan. Petitioners' Counsel submits that having no criminal antecedent the petitioner has falsely been implicated in this case. There is no recovery from his possession and he is in custody since 5.10.2019.

Considering the aforesaid submissions prayer for bail of the petitioner is allowed.

Let the petitioners above named 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 IInd Additional Sessions Judge -cum- Special Judge (Excise) Darbhanga in G.O. Case No. 1012 of 2019, Sadar (Mabbi O.P)

Patna High Court CR. MISC. No.76469 of 2019(2) dt.11-12-2019 2/2 PS Case No. 428 of 2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioners will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T