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Patna High CourtCR. MISC./47806/2025allowed

Mukesh Kumar v. The State Of Bihar

2025-09-03Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47806 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- ANTI District- Gaya ====================================================== Mukesh Kumar, S/o Late Shailesh Chaudhary, R/o Vill - Kolhupur, P.S.- - Dumariya, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Aanti r P.S. Case No. 54 of 2025 for the offence registered under Sections 336(2), 338, 336(3), 317 (5), 318(4) of the BNS and Section 30 (a) of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 70 litres of country made mahua liquor was recovered from a motorcycle at village Dumariya in possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He has no concern with the seized liquor or motorcycle. No incriminating article was recovered from the conscious

Patna High Court CR. MISC. No.47806 of 2025(3) dt.03-09-2025 2/2 possession of the petitioner. Petitioner is in jail custody since 08.05.2025, having no criminal antecedent. Petitioner undertakes to co-operate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge, Court No. 2, Gaya, in connection with Aanti P.S. Case No. 54 of 2025.

(Sunil Dutta Mishra, J) khushbu/- U T