Patna High CourtCR. MISC./87346/2019bail granted

Mukesh Rai v. The State Of Bihar

2020-01-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87346 of 2019 Arising Out of PS. Case No.-270 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== MUKESH RAI S/o Dashrath Rai Resident of Village- Musahari, P.S.- Teghra, Distt- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Teghra P.S. Case No. 270 of 2019 for the offence punishable under Sections 414, 120B of the Indian Penal Code and Sections 30(a) (a) (b) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 53 liters of illicit liquor from a vehicle as also from behind the house of the petitioner and the name of the petitioner has transpired upon the confessional statement made by the co-accused person, namely, Fultun Kumar.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent

Patna High Court CR. MISC. No.87346 of 2019(2) dt.16-01-2020 2/2 and is languishing in custody since 30.11.2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent and no recovery of illicit liquor has been made from conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Session Judge cum Special Judge (Excise Act), Begusarai in connection with Teghra P.S. Case No. 270 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T