Mukesh Kumar @ Bagha Chaudhary @ Mukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28240 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- PARANDABAR District- Nawada ====================================================== Mukesh Kumar @ Bagha Chaudhary @ Mukesh S/o Dinesh Chaudhary Resident Of Village - Sandh, Ps- Parnadabar, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Sheo Kumar Prasad, learned counsel appearing on behalf of the petitioner and Mr. Akbar Ali, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Parnadabar P.S. Case No. 45 of 2025 registered for the offence punishable under Section 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 100 litres of country made liquor was recovered from a motorcycle bearing Registration No. BR27A-0102.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been

Patna High Court CR. MISC. No.28240 of 2025(2) dt.07-05-2025 2/3 falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The recovery was made from a motorcycle bearing Registration No. BR27A-0102 and petitioner is not the owner of the said motorcycle nor anything incriminating was recovered from the conscious possession of the petitioner. Only on the basis of suspicion the petitioner has been implicated in the present case. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner and the fact that altogether 100 litres of country made liquor was recovered from a motorcycle bearing Registration No. BR27A-0102, learned District Court is directed to verify from the District Transport Officer concerned in respect of the seized vehicle, the ownership of the vehicle. On verification of the report and the material which has been collected in course of investigation, if it is found that the petitioner is nowhere related with alleged crime, in that case, the petitioner, above named, is directed to be released on prearrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today,

Patna High Court CR. MISC. No.28240 of 2025(2) dt.07-05-2025 3/3 on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Nawada in connection with Parnadabar P.S. Case No. 45 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U T