Patna High CourtCR. MISC./25824/2025bail granted

Mukesh Kumar v. The State Of Bihar

2025-04-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25824 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- RAJNAGAR District- Madhubani ====================================================== Mukesh Kumar S/o Devendra Sahni Resident of Village- Kanhauli, Mallik Tole, P.S.- Khajauli, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajnagar P.S. Case No. 32 of 2025 arising out of GR No. 133 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 180 litres of Nepali liquor was recovered from two motorcycles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.25824 of 2025(2) dt.25-04-2025 2/3 possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicles from which the recovery has been made. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 02.02.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP 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, after framing of charge, if not already framed, 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 Rajnagar P.S. Case No. 32 of 2025, arising out of GR No. 133 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.25824 of 2025(2) dt.25-04-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T