Mithilesh Kumar @ Mithlesh Kumar @ Teekar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60263 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- Bikramganj Excise District- Rohtas ====================================================== Mithilesh Kumar @ Mithlesh Kumar @ Teekar S/o Late Ram Ekwal Singh @ Ram Ikbal Singh, R/o Village-Kanchanpur, P.S.- Karakat, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwari, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Excise Case No.529 of 2025 arising out of Bikramganj Excise P.S. Case No.169 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 70 litre illicit country made liquor from the garden situated at Kanchanpur Amartha Village and the petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is neither owner of the garden in question nor he has any concern with the alleged

Patna High Court CR. MISC. No.60263 of 2025(2) dt.17-09-2025 2/3 seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner is a farmer and when the went to his field for the purpose of irrigation, the police team arrested him and implicated in this case. Learned counsel submits that the alleged recovery of liquor has been made from an open place which is accessible to public at large. Learned counsel submits that there is no independent witness to the seizure list. He further submits that petitioner is in custody since 18.07.2025, having clean antecedent and charge sheet had already been submitted in this case after completion of investigation. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 learned Special Judge, Excise-1, Rohtas at Sasaram in connection with Excise

Patna High Court CR. MISC. No.60263 of 2025(2) dt.17-09-2025 3/3 Case No.529 of 2025 arising out of Bikramganj Excise P.S. Case No.169 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T