Mrityunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49389 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- TURKI KHARARU District- Muzaffarpur ====================================================== 1.

Mrityunjay Kumar S/O Avdesh Ram R/O Village- Gorihari, P.S.- Turki, District- Muzaffarpur 2.

Raj Kumar S/O Avdesh Ram Village- Gorihari, PS- Turki, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Turki PS Case No. 69 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 990 litres of foreign liquor was recovered from the house of coaccused. 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

Patna High Court CR. MISC. No.49389 of 2025(2) dt.30-07-2025 2/2 submitted that recovery is made from the house of co-accused. The petitioners are in custody since 24.03.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 23.07.2025 passed in Cr. Misc. No. 47284 of 2025.

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, clean antecedent of the petitioners 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 Turki PS Case No. 69 of 2025.

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