Mukesh Kumar @ Mukku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69985 of 2021 Arising Out of PS. Case No.-579 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== MUKESH KUMAR @ MUKKU Son of Mahesh Sah Resident of Village - Nandpuri, Bhagwanpur, P.S.- Sadar, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Kanti PS Case No. 579 of 2021 registered under Section 399/402 of the IPC, Section 25 (1-B)a / 26 / 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the First Information Report it is alleged that 4.500 liters of country made liquor has been recovered from the WagonR car, which was being driven by the petitioner. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has been implicated in this case merely because he happens to be the driver of the WagonR. Learned counsel next submits that petitioner was driving the vehicle at the instruction and instance

Patna High Court CR. MISC. No.69985 of 2021(2) dt.24-05-2022 2/2 of its owner and he was not aware about the illicit liquor being kept therein. Petitioner is in custody since 11-09-2021, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail .

Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 11/09/2021, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence , as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Muzaffarpur in connection with Kanti PS Case No. 579 of 2021. (Anil Kumar Sinha, J) praful/- U