Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47966 of 2025 Arising Out of PS. Case No.-160 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

Mohit Kumar S/O Motilal Mukhiya Resident of Village- Dumari, P.S.- Piprakothi, Dist.- East Champaran 2.

Rohit Kumar Mukhiya S/O Motilal Mukhiya Resident of Village- Dumari, P.S.- Piprakothi, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.s Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Piprakothi PS Case No. 160 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 3.24 litres of foreign liquor was recovered from shop and motorcycle. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the

Patna High Court CR. MISC. No.47966 of 2025(2) dt.24-07-2025 2/2 petitioner. It is further submitted that recovery is made from near the shop of the petitioner which is an open place and accessible to one and all. The petitioners are in custody since 24.05.2025. The petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Piprakothi PS Case No. 160 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T