Patna High CourtCR. MISC./41606/2025bail granted

Mukesh Kumar v. The State Of Bihar

2025-07-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41606 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Mukesh Kumar Son of Sanjay Yadav Village- Kathotiya PS -Dhangai, DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Renuka Ratnakar (App.125) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise Sherghati P.S. Case No. 145 of 2025 dated 09.05.2025 registered for the offences punishable u/ss 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 106.500 litres of illicit foreign liquor was recovered from the Tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the seized vehicle. The petitioner is only the driver of the seized vehicle and he has

Patna High Court CR. MISC. No.41606 of 2025(2) dt.07-07-2025 2/2 no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Excise Sherghati P.S. Case No. 145 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T