Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87735 of 2024 Arising Out of PS. Case No.-718 Year-2021 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. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2025 Heard Mr. Man Mohan Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
3. 110 liters of country made liquor is said to have been recovered from a motorcycle.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern with the seized liquor. He has been falsely implicated in this case by the police as some altercation took place with them due to non coughing up of illegal graft demanded by them. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.87735 of 2024(2) dt.29-01-2025 2/3 physical possession of the petitioner. Petitioner was not apprehended from the spot. The alleged motorcycle from which illicit liquor has been recovered does not belong to the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has two criminal antecedents and has been languishing in custody since 19.10.2024.
5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code : CBIN0282779 (fifth character is zero), MICR Code :800016018.
6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hisua P.S. Case No. 718 of 2021, subject to condition that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any
Patna High Court CR. MISC. No.87735 of 2024(2) dt.29-01-2025 3/3 similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Trivedi/- U T