Mukesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47045 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- ARERAJ District- East Champaran ====================================================== Mukesh Mahto S/o Chandrika Mahto, Resident Of Village- Bahadurpur, Ward No 13, P.S.- Areraj, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Areraj P.S. Case No. 04 of 2025, instituted for the offences punishable under Sections 274, 275, 317(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 95 liters liquor was recovered from motorcycle 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

Patna High Court CR. MISC. No.47045 of 2025(2) dt.09-07-2025 2/2 for the petitioner also submits that the petitioner is not the owner of the motorcycle in question. The petitioner was a passerby of that way and was apprehended on the basis of suspicion. The petitioner is in custody since 05.01.2025 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted regular bail by this Court vide order dated 18.03.2025 passed in Cr. Misc. No. 16182 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 Areraj P.S. Case No. 04 of 2025.

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