Mahesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40867 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- MAKER District- Saran ====================================================== Mahesh Rai S/O Late Fuleshwar Rai R/O Village- Jamira P.S.- Dariyapur, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Maker P.S. Case No. 114 of 2025 dated 17.05.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 2574.72 litres of illicit foreign liquor was recovered from the Hywa Truck.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the apprehended co-accused person. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused persons have already been granted regular bail by this court vide order dated 15.07.2025 passed in Cr. Misc. No. 44990/2025. The petitioner has

Patna High Court CR. MISC. No.40867 of 2025(3) dt.30-08-2025 2/2 seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.05.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran in connection with Maker P.S. Case No. 114 of 2025 with the condition :

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T