Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82765 of 2019 Arising Out of PS. Case No.-189 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== MITHLESH KUMAR Son of Dwarika Yadav Resident of Village - Manpur, P.S.- Roh, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner as well as learned APP.

On confidential information, the informant conducted a raid at Dumrighat where so many persons were found crossing the river carrying bundle over their head, out of whom, Uma Ram, Manoj Ram were apprehended and rest of the accused managed to escape. Furthermore, after opening of the bundle, 120 litres Mahua wine was found and for that, seizure list was prepared. They have also disclosed identity of their associate who managed to escape as Chhote Lal Yadav, Kheru Yadav, Mahendra Ram. Then, it has been disclosed that during course of returning, they found one person engaged in talking over mobile after parking his motorcycle. During course of hearing their talks, he perceived the same to be with regard to

Patna High Court CR. MISC. No.82765 of 2019(2) dt.13-12-2019 2/2 transportation of the wine which was to be effected in the night and for that, that person was directed to keep watch over the activity of the police. On interrogation, he confessed and further disclosed that for the aforesaid activity, he was being paid Rs. 500/- as well as wine is also provided to him. With regard to ownership of the motorcycle, he clearly stated that he does not possess the same rather the same has been provided by Subodh Yadav and Sonu Kumar. After carrying the person to the police station, he was tested by breath analyzer giving positive signal and for that, petitioner happens to be under custody since 07.10.2019 having no criminal antecedent as per para-3 of the petition.

Accordingly, petitioner, Mithlesh Kumar is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of ADJII-cum-Special Judge, Nawada in connection with Govindpur PS Case No. 189 of 2019.

(Aditya Kumar Trivedi, J) perwez U T