Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54129 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- Ghogha District- Bhagalpur ====================================================== Mithilesh Kumar Son of Sri Ravi Mandal Village- Pakki Sarai PS -Ghogha District -Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navjot Yeshu, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard Mr. Navjot Yeshu, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Ghogha P.S. Case No. 27 of 2005, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 175 liters liquor was recovered from two plastic bags and the petitioner was apprehended on spot.

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. Learned counsel for the petitioner also submits that the alleged recovery has been

Patna High Court CR. MISC. No.54129 of 2025(2) dt.04-08-2025 2/2 made from an open place and the same is easily accessible to the public at large. It is further submitted that the petitioner was a passerby of that way and was arrested on the basis of suspicion. The petitioner is in custody since 11.03.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 22.04.2025 passed in Cr. Misc. No. 24751 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ghogha P.S. Case No. 27 of 2005.

(Rudra Prakash Mishra, J) Rajorshi/- U T