Mahender Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60213 of 2025 Arising Out of PS. Case No.-260 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Mahender Kumar S/O Dasai Thakur R/O Village- Jhakhara Maniyari Ward No. 01, P.S- Jagdishpur, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== 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 a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 23.04 litres of illicit liquor was recovered from the dickey of the motorcycle bearing Reg. No. BR05-AU-3262 which was driven by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to suspicion. Further submission is that the seized motorcycle or the illicit liquor do not belong to the petitioner. Petitioner was co-incidentally present at the place of occurrence and apprehended on the spot on suspicion. Petitioner has no concern with the seized liquor. Nothing has been recovered from

Patna High Court CR. MISC. No.60213 of 2025(2) dt.17-09-2025 2/2 conscious possession of the petitioner. The charge-sheet has already been submitted after completion of investigation. Petitioner has two criminal antecedents which is not of the similar nature. Petitioner is in custody since 08.06.2025 and he undertakes to cooperate in the trial. There is no likelihood of absconding of the petitioner or tampering with the evidence.

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

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties as well as the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge ExciseI, Bettiah, West Champaran in connection with Nautan P.S. Case No. 260 of 2025.

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