Mahendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35269 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- PIRO District- Bhojpur ====================================================== Mahendra Singh S/o- Late Kuldip Singh Resident of village- Dihra PSBikramgan District-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the State :

Mr. Shyam Bihari Singh, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 30(a) of the Bihar Prohibition & Excise Act.

3. The recovery of total 60 litres of country made liquor has been shown from a motorcycle and the person, who was riding the same, managed to flee away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and subsequently, his name has surfaced in this case on account of the fact that he has been stated to be the driver of the said motorcycle. It is also submitted that the petitioner has no concern either with the seized liquor or the seized motorcycle. It is further submitted

Patna High Court CR. MISC. No.35269 of 2025(3) dt.22-05-2025 2/2 that no recovery was made from the physical and conscious possession of the petitioner and the process of search and seizure also amounts to violation of the mandatory provisions as there is no independent witness to the said seizure. It is next submitted that petitioner is in custody since 26.04.2025 and charge sheet has also been submitted against him.

5. Learned APP for the State opposes the prayer for bail on the ground that petitioner has two criminal antecedents and one of them is of similar nature. However, in response to the same, it is submitted on behalf of the petitioner that the petitioner is on bail in both the cases.

6.

Considering the above-mentioned facts and circumstances, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Piro P.S. Case No. 210 of 2024.

(Soni Shrivastava, J) divyanshi/- U T