Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28588 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MUKESH KUMAR Son of Late Bhuneshwar Rai Resident of VillageShahpur, P.S.- Ganga Bridge, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kaushlendra, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2020 Heard Mr. Kumar Kaushlendra, learned counsel for the petitioner and Mr. Pramod Kumar Pandey, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with P.R. Alamganj PS Case No. 34/2020, Special Case No. 3691/2020 registered for the offence punishable under Sections 30(a), 41(i) (ii) of Bihar Prohibition & Excise Act 2016.

3. The allegation, as per First Information Report, is that the police intercepted a Mahindra Maximo vehicle and recovered total quantity of 217.80 litres of illicit foreign liquor from the same.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has got no criminal antecedents. Learned counsel

Patna High Court CR. MISC. No.28588 of 2020(2) dt.25-11-2020 2/2 further submits that petitioner is not the owner of the vehicle and he was found driving the said vehicle at the time of recovery of illicit liquor. Learned counsel also submits that petitioner is in custody since 30.05.2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent and is not the owner of the vehicle from where recovery was made and he is in custody since 30.05.2020, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, MUKESH KUMAR 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 Special Judge, Excise, Patna in connection with P.R. Alamganj PS Case No. 34/2020, Special Case No. 3691/2020.

7. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T