Mustkim @ Mostkim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20420 of 2022 Arising Out of PS. Case No.-457 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== MUSTKIM @ MOSTKIM Son of Md. Murshid Resident of Village - kharihara, P.s.- Barahat, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Sugauli PS Case No. 457/2021 registered for the offence punishable under Sections 420/467/468/471/120(B) and Section 30(a) 32(iii)/41 (i) of Bihar Prohibition & Excise Act 2016. 4428 litres of illicit liquor has been recovered from a truck bearing Registration No. RJ 07GA 3649 by the police and the accused persons including the petitioner were arrested. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the basis of suspicion. Petitioner being driver of the said truck was not aware about the liquor kept therein and was driving the vehicle at the instance of its owner. Learned counsel further submits that no illicit liquor has been recovered from the

Patna High Court CR. MISC. No.20420 of 2022(2) dt.25-05-2022 2/3 conscious possession of the petitioner. It is further submitted that today itself similarly situated co-accused persons, namely, Nausad And Md. Jibrail @ Md. Jibral have been granted bail by this Court vide Cr. Misc. No. 20068/2022. The petitioner is in custody since 01.11.2021 having no criminal antecedents. The charge-sheet has already been submitted and there is no likelihood that the petitioners will abscond or tamper with the evidences.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated accused persons have been granted bail by this Court, no illicit liquor has been recovered from the conscious possession of the petitioner, he is in custody since 01.11.2021 having no criminal antecedent, the chargesheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1East Champaran, Motihari in connection with Sugauli PS Case

Patna High Court CR. MISC. No.20420 of 2022(2) dt.25-05-2022 3/3 No. 457/2021.

(Anil Kumar Sinha, J) perwez U T