Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2509 of 2025 Arising Out of PS. Case No.-438 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Mukesh Kumar S/O Pappu Sah Resident Of Village- Nandgola, Badi Sangat Mandir, P.S.- Malsalami, District- Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Malsalami PS Case No. 438 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 100 litres of country made liquor was recovered from Scooty. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that apprehended co-accused person disclosed the name of the petitioner. It is further submitted that scooty in question does not

Patna High Court CR. MISC. No.2509 of 2025(2) dt.23-01-2025 2/2 belong to the petitioner. The petitioner is in custody since 26.11.2024 and has got three criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malsalami PS Case No. 438 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T