Mithilesh Kumar @ Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6039 of 2021 Arising Out of PS. Case No.-310 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ======================================================

1. Mithilesh Kumar @ Mithlesh Kumar, son of Satyanarayan Ray, resident of village Rosi, P.S. Bochahan, District Muzaffarpur.

2. Subodh Kumar, son of Hirday Singh, resident of village Pairodha (Pirauchha), P.S. Gaighat, District Muzaffarpur. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Onkar Nath For the Opposite Party/s :

Mr. Lallan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. Petitioners seek bail in a case registered for the offence punishable under Section 30(a) and 56 (d) of the Bihar Prohibition and Excise Act, 2016.

2194.56 liters of foreign liquor is said to have been recovered from a truck and both the petitioners were apprehended.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in this case. They have no concern either with the seized liquor or any trade of liquor. They are not the owner of the truck. They are driver and cleaner of the truck and were plying the truck at the instructions of their owner without

Patna High Court CR. MISC. No.6039 of 2021(3) dt.01-06-2021 2/2 knowing the contents loaded therein. They have no criminal antecedent and have been languishing in custody since 23.10.2020.

Petitioners are agreed to deposit a sum of Rs.40,000.00 (Rupees Forty Thousand) each in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Special Case No.310 of 2020.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.40,000.00 (Rupees Forty Thousand) each in the PM Cares fund.

(Anjani Kumar Sharan, J) Trivedi/- U T