← Library
Patna High CourtCR. MISC./56567/2025allowed

Mukund Kumar v. The State Of Bihar

2025-08-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56567 of 2025 Arising Out of PS. Case No.-298 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Mukund Kumar, S/o- Raju Ram, Village- Barharwa, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Turkauliya P.S. Case No. 298 of 2025 for the offence registered under Sections 30 (a), 41 (1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 148 litres country made liquor was recovered from a Hero Splendor Motorcycle near Bijulpur Bankati and petitioner was apprehended while he was trying to flee away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. The petitioner is neither the

Patna High Court CR. MISC. No.56567 of 2025(2) dt.21-08-2025 2/2 owner nor the rider of the said seized motorcycle. No any incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the seized liquor. Petitioner has no criminal antecedent. He further submits that there is no independent witness to the seizure list, which is a violation of Section 103 of B.N.S.S. Petitioner is in custody since 24.06.2025. He undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of regular bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Turkauliya P.S. Case No. 298 of 2025. (Sunil Dutta Mishra, J) khushbu/- U T