Jagdish @ Jagdish Mahowat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60480 of 2025 Arising Out of PS. Case No.-9 Year-2024 Thana- KHODAWANDPUR District- Begusarai ====================================================== Jagdish @ Jagdish Mahowat S/O Gulab Singh Resident of Village- 246, Ranmal Billod, Kalibillod, P.S- Betma, District- Indore (Madhya Pradesh), Pin- 453001.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 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 Sections 272, 273, 120B/34 of the Indian Penal Code and Sections 30(a), 32(i)(ii) and 41(i) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 3139.2 litres of illicit foreign liquor was recovered from the truck which was driven by the co-accused Anand Kumar and co-accused Rajpal @ Rajpal Singh was Khalasi. The driver and khalasi were apprehended on the spot. Co-accused Anand Kumar disclosed the name of the petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.60480 of 2025(2) dt.18-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case merely on the confessional statement of the driver of the seized vehicle. Further submission is that the only allegation against the petitioner is that he used to call the driver on his mobile phone bearing number 9893286666 and guided him where to deliver the same. It is submitted that the said mobile number does not belong to the petitioner and it is found in the investigation that the said number belongs to one Mahesh Jadhav. Petitioner has no concern with the seized liquor and truck. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no criminal antecedent. He surrender himself on 01.08.2025 and he undertakes to cooperate in the investigation and trial.
It is also submitted that co-accused Anand Kumar, who was driver of the seized vehicle and coaccused Rajpal @ Rajpal Singh, who was Khalasi on the same, have already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 02.05.2024 passed in Cr. Misc. No. 33616 of 2024.
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, let the
Patna High Court CR. MISC. No.60480 of 2025(2) dt.18-09-2025 3/3 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 Exclusive Special Excise Judge-1, Begusarai in connection with Khodawanpur P.S. Case No.09 of 2024.
(Sunil Dutta Mishra, J) utkarsh/- U T