Mithun Kumar Maraiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31504 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- Excise P.S. District- Katihar ====================================================== Mithun Kumar Maraiya S/o Chhotelal Maraiya R/o Village- Ajampujr Shankarganj, P.S.- Barari, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard Mr. Bimal Kumar, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State. 2.
The petitioner seeks bail in connection with Katihar Excise PS Case No. 56 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 212.500 liters country made liquor was recovered from boat and bank of the river.
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 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.31504 of 2025(2) dt.13-05-2025 2/2 that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 15-02-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katihar Excise PS Case No. 56 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T