Patna High CourtCR. MISC./68460/2025bail granted

Mahendra Singh v. The State Of Bihar

2025-09-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68460 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Mahendra Singh S/o Late Kedar Singh R/o Village- Rampur (Pithanua), P.S.- Barun, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Malti Kumari, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with GR No. 165 of 2025 arising out of Barun P.S. Case No. 124 of 2025 instituted for the offences punishable under Sections 317(2)/(4), 318(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) (b)(c)(d), 33, 36 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 300 litres of liquor has been recovered from the house of the co-accused.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made

Patna High Court CR. MISC. No.68460 of 2025(2) dt.19-09-2025 2/2 from the house of the co-accused Asha Devi, who has already been granted bail by this Court vide order daetd 22.04.2025 passed in Cr. Misc. No. 24730 of 2025. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 14.08.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with GR No. 165 of 2025 arising out of Barun P.S. Case No. 124 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T