The Patna High Court granted bail to Mukesh Kumar, accused under Section 272/273/34 IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2018 for possession of Nepali wine, with a bond of Rs. 10,000 and two sureties.
Petitioner released on bail bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19736 of 2021
Arising Out of PS. Case No.-224 Year-2020 Thana- HARLAKHI District- Madhubani
======================================================
MUKESH KUMAR SON OF DUKHI PRASAD R/O VILLAGEGANGAUR, P.S.- HARLAKHI, DIST.- MADHUBANI
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagandeo Yadav, Adv. : Mr. Vinod Kumar, Adv. : Mr. Ravi Prakash, Adv. For the O.P. : Mr. Bhanu Pratap Singh, A.P.P. ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 15-11-2021
Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Harlakhi P.S. Case No. 224 of 2020 for the offence under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
The matter relates to recovery of altogether 135 liters Nepali wine.
Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.19736 of 2021(2) dt.15-11-2021 2/2
submits that the petitioner is innocent and has not committed any offence. In fact, the petitioner happens to be a laborer and he has falsely been arrested merely on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is rotting in judicial custody since 29.12.2020.
Learned A.P.P. for the State has opposed the prayer for bail of this petitioner.
Considering the facts and circumstances of the case, let the, above named, petitioner 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 Additional Sessions Judge-II -cum- Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No.224 of 2020 (G.R. No. 1769 of 2020).
(Rajesh Kumar Verma, J)
braj/- U T
1 issue framed by the court
Whether bail should be granted to the petitioner in the present section 272/273/34 IPC and Section 30(a) P&A Act offence.
2 provisions across 2 enactments
Mukesh Kumar
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
