Mahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31639 of 2026 Arising Out of PS. Case No.-140 Year-2026 Thana- JAYNAGAR District- Madhubani ====================================================== Mahesh Kumar S/o Soukhi Yadav Resident of Village- Chharapatti, ward No. 04, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Jaynagar P.S. Case No. 140 of 2026 registered for the offence punishable under Sections 274, 275, 317(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from an Apache bike, which was being driven by the petitioner, altogether 90 liters of country-made illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioners were unaware of the

Patna High Court CR. MISC. No.31639 of 2026(2) dt.14-05-2026 2/2 consignment kept in the said bike. He further submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 26.03.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Madhubani in connection with Jaynagar P.S. Case No. 140 of 2026.

(Ashok Kumar Pandey, J) Sudhanshu/- U T