Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70941 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- JALALPUR District- Saran ====================================================== Mukesh Kumar S/o Bhajan Manjhi R/o Village- Bichla Telpa, P.S- Chapra Town, District- Saran At Chapra (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate.

For the Opposite Party/s :

Ms. Asha Devi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2025 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 prosecution case, there is recovery of 40 litre illicit country made liquor from a Scooter bearing Registration No. BR-04U-0548 and the petitioner tried to flee away but 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 the owner of the seized vehicle and during vehicle checking some hot talks takes place due to which he has been implicated in this case. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner and he has no concern with the alleged seized liquor. He further submits that

Patna High Court CR. MISC. No.70941 of 2025(2) dt.08-10-2025 2/2 there is no independent witness to the seizure list. Learned counsel submits that petitioner is in custody since 25.08.2025, having one criminal antecedent of similar nature, in which he is on bail. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and 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 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Jalalpur P.S. Case No.186 of 2025 with following conditions:- (i) The petitioner shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the learned Trial Court. (Sunil Dutta Mishra, J) Ritik/- U T