Mukesh Kumar Mehta @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17439 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Mukesh Kumar Mehta @ Mukesh Kumar Son of Late Nand Kishore Mehta Resident of Village- Behradih, P.S.- Domchach, District- Kodarma (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 52 of 2025 instituted for the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 122 litres of foreign liquor was recovered from two cars, 74 litres of foreign liquor was recovered from community hall and 30 litres of liquor was recovered from sugarcane field. 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

Patna High Court CR. MISC. No.17439 of 2025(2) dt.24-03-2025 2/2 that petitioner is the driver of the Tata Indica Car bearing Registration No. JH02M-5208 and he has no knowledge regarding the nature of goods kept in the vehicle. It is further submitted that the name of the petitioner has transpired on secret information. The petitioner is in custody since 26.01.2025 and has got no criminal antecedent. 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, clean antecedent of the petitioner 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 52 of 2025.

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