Mohan Kumar @ Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28568 of 2025 Arising Out of PS. Case No.-60 Year-2017 Thana- DULHIN BAZAR District- Patna ====================================================== Mohan Kumar @ Pintu Kumar son of Loknath Rai, village- Maudahi,P.S.- Bihta, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Sujata Sinha, Advocate For the State :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Dulhin Bazar P.S. Case No. 60 of 2017, dated 27.03.2017, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per allegation, 150 litre of illicit liquor has been recovered from Maruti Suzuki bearing Registration No. BR-3C1882 during checking by the police on road and as per further allegation, the petitioner has allegedly fled away from the vehicle prior to seizure of the vehicle.
4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that neither the petitioner is owner nor
Patna High Court CR. MISC. No.28568 of 2025(2) dt.12-05-2025 2/3 driver of the vehicle. He further submits that the name of the petitioner has transpired in this case only on the basis of confessional statement of the co-accused which has no evidentiary value.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has four criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Dulhin Bazar P.S. Case No. 60 of 2017, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
Patna High Court CR. MISC. No.28568 of 2025(2) dt.12-05-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T