Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35354 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- KHAGAUL District- Patna ====================================================== MUKESH KUMAR Son of Ashok Ram @ Ashok Prasad Resident of VillageManjhauli, P.S.- Bikram, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Khagaul P.S. Case No. 213/2020, registered for the offence punishable under Sections 30(A) and 37(C) of the Bihar Prohibition & Excise Act, 2018.

The allegation is regarding recovery of 627.48 liters of illicit liquor from a vehicle and from the house of the co-accused person, namely, Harjit Singh. It is alleged that the petitioner was sitting in a white colour vehicle from which 298.60 liters of illicit liquor was recovered.

Patna High Court CR. MISC. No.35354 of 2021(2) dt.14-12-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 8.12.2020. The learned counsel for the petitioner has further submitted by referring to paragraph no. 8 of the present petition that the seized white vehicle does not belong to the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has categorically stated in the petition that the vehicle in question does not belong to him, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.35354 of 2021(2) dt.14-12-2021 3/3 two sureties of the like amount each to the satisfaction of learned Special Judge-Excise, Patna in connection with Khagaul P.S. Case No. 213/2020.

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