Patna High CourtCR. MISC./88685/2024bail granted

Mukesh Kumar v. The State Of Bihar

2025-02-28Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88685 of 2024 Arising Out of PS. Case No.-443 Year-2024 Thana- HISUWA District- Nawada ====================================================== Mukesh Kumar Son of Ramautar Yadav @ Ramotar Yadav @ Ram Avtar Yadav Resident of Village- Raj Bigha, P.S. Hisua, District- Nawada, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30 (a) of the Bihar Prohibition and Excise Act and Section 111(3) of the Bharatiya Nyaya Sanhita, registered in connection with Hisua P.S. Case No. 443 of 2024.

3. As per prosecution case, there has been recovery of total 315 liters of country-made liquor from a bush. It is further alleged that the petitioner and other co-accused are said to have involved in the business of selling it.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has

Patna High Court CR. MISC. No.88685 of 2024(2) dt.28-02-2025 2/2 committed no offence. Petitioner was not apprehended on spot. On the basis of suspicion and due to his criminal antecedent, the name of the petitioner has figured in this case. Petitioner has no concern with the alleged recovery of liquor and the place of occurrence does not belongs to him. The petitioner is in custody since 19.10.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, 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 Exclusive Special Excise Court No. 1, Nawada in connection with Hisua P.S. Case No. 443 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Neha/- U T