Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19980 of 2020 Arising Out of PS. Case No.-287 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MUKESH KUMAR Son of Late Shyam Nath Ray Resident of Village - Nirpura, P.S.- Beur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tondon For the Opposite Party/s :

Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-06-2020 Learned Counsel for the petitioner is directed to remove all the defects, as pointed out by the Stamp Reporter, within a period of eight weeks from today.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Special Case No. 11511 of 2019, registered for the offences punishable under Sections 30 (a)/32 (i)/41(i) (ii) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per the prosecution report submitted by the excise officials, is that the car driven by the petitioner was intercepted by the excise

Patna High Court CR. MISC. No.19980 of 2020(3) dt.29-06-2020 2/3 officials and the petitioner was found sitting on the driver seat of the car in question. It has further been alleged that upon search, total quantity of 125.280 litres of illicit liquor has been recovered from the car in question.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as the petitioner is not the owner of the car, as stated by him in paragraph 9 of this application and he is a professional driver and was hired by the other accused persons. He further submits that the petitioner has got no criminal antecedent and he is in custody since 26.12.2019. He further submits that for a brief period, the petitioner was released on provisional bail.

After having heard learned Counsel for the parties and taking into consideration the facts that the petitioner is not the owner of the car, he is in judicial custody since 26.12.2019 and he has got no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in

Patna High Court CR. MISC. No.19980 of 2020(3) dt.29-06-2020 3/3 connection with Special Case No. 11511 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √