Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33546 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- Excise P.S. District- Bhojpur ====================================================== Mukesh Kumar S/o Late Govardhan Rai @ Govardhan Ray R/o VillageDaulatpur, PS- Bihta, Distt.- Patna ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mrs. Ankita Kumari, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sadar P.S. Case No. 103 of 2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery of total 320 litres of illicit liquor has been made from the boot (dikki) of a Swift Dzire car bearing registration no. WB34U3821 which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has got no criminal antecedent. He has no concern with

Patna High Court CR. MISC. No.33546 of 2025(2) dt.26-05-2025 2/2 the alleged recovery or with the vehicle. The provision of search and seizure has not been followed in the present case. Petitioner is in custody since 21.04.2025.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II, Bhojpur in connection with Sadar P.S. Case No. 103 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T