Patna High CourtCR. MISC./1693/2025bail granted

Mahesh Kumar @ Mahesh Kumar Mandal v. The State Of Bihar

2025-02-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1693 of 2025 Arising Out of PS. Case No.-140 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Mahesh Kumar @ Mahesh Kumar Mandal S/o- Ramgulam Mandal VillageTirhuta W.No-1, Ps- Babubarhi Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-02-2025 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 Khutauna P.S. Case No. 140 of 2024 corresponding to G.R. No. 665 of 2024 dated 27.09.2024 registered for the offences punishable u/ss 274, 275 read with section 3(5) of the BNS and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1503 litres of illicit foreign liquor was recovered from the truck.

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 said vehicle. The

Patna High Court CR. MISC. No.1693 of 2025(2) dt.19-02-2025 2/2 petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.09.2024.

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, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 140 of 2024 corresponding to G.R. No. 665 of 2024.

7. The application stands allowed.

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