Patna High CourtCR. MISC./77409/2025bail granted

Saroj Mishra v. The State Of Bihar

2025-11-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77409 of 2025 Arising Out of PS. Case No.-158 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Saroj Mishra S/O Kaleshwar Mishra R/O Village- Sonvarsha, P.S.- Natwar, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kutumba P.S. case No. 158 of 2023 (G.R. No. 895 of 2023) instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 50 liters liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired

Patna High Court CR. MISC. No.77409 of 2025(2) dt.17-11-2025 2/2 as being owner of the motorcycle in question and the said motorcycle was given to Sudhir Singh for his personal use. The petitioner is in custody since 09.09.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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, clean antecedent and 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kutumba P.S. case No. 158 of 2023 (G.R. No. 895 of 2023).

(Rudra Prakash Mishra, J) Pankaj/- U T