Surjit Mallik @ Surajit Malliek v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28885 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- POTHIYA District- Kishanganj ====================================================== Surjit Mallik @ Surajit Malliek S/O Gopal Mallik R/O Pradhan Nagar ward no. 2, P.S.- Pradhan Nagar, Dist.- Darjeeling W.B ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pothia P.S. Case No. 67 of 2025, instituted for the offences punishable under Sections 319(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 295.92 liters liquor was recovered from pick-up vehicle and the petitioner was apprehended on spot.

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

Patna High Court CR. MISC. No.28885 of 2025(2) dt.06-05-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner is co-driver of the vehicle in question and he has got no knowledge regarding the nature of goods loaded in the vehicle. The petitioner is in custody since 12.03.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pothia P.S. Case No. 67 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T