Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43116 of 2021 Arising Out of PS. Case No.-44 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== MUKESH KUMAR Son of Jamuna Mandal Resident of Village - Pachana Road, near Bharat Mata, P.S.- (Kabiya) Lakhisarai, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2022 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Excise Case No. 44c2/2021 registered for the offence punishable under Sections 30(a), 32, 41 and 56(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The Excise Officials intercepted four persons coming from train and out of them, two persons fled away whereas two persons including the petitioner were apprehended and on search, a total quantity of 91.125 litres

Patna High Court CR. MISC. No.43116 of 2021(2) dt.03-02-2022 2/3 of illicit foreign liquor kept in the sack/jute bag has been recovered.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that the petitioner is in custody since 6.3.2021 and no illicit liquor has been recovered from his conscious possession. He next submits that the charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 6.3.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.43116 of 2021(2) dt.03-02-2022 3/3 District & Sessions Judge-IInd-cum-Special Judge (Excise), Lakhisarai, in connection with Excise Case No. 44C2/2021. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T