Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72324 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- KISHANPUR District- Supaul ====================================================== Mithilesh Kumar Son of Late Shivchnadra Ram Resident of Village- Harpur Ailoth Ward No. 12 (At present Nagar Panchayat Ward No. 44), P.S.- Musrigharari, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a car, altogether 339 liters of country made foreign liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. He has been falsely implicated in this case. He has further submitted that

Patna High Court CR. MISC. No.72324 of 2025(2) dt.13-10-2025 2/2 petitioner is driver-cum-owner of the said vehicle. It has also been submitted that in FIR, it has come that the said vehicle was hired by one Rahul Kumar. Petitioner is having no knowledge regarding the alleged recovery. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.07.2025.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kishanpur P.S. Case No. 146 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Supaul.

(Ashok Kumar Pandey, J) Shubham/- U T