Vijay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76670 of 2025 Arising Out of PS. Case No.-248 Year-2025 Thana- HARLAKHI District- Madhubani ====================================================== Vijay Mahto S/O Jagdish Mahto R/o village - Madhubani Tol ,P.S.- Harlakhi , District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Advocate For the Opposite Party/s :
Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Harlakhi P.S. Case No. 248 of 2025 instituted for the offences punishable under Sections 274, 275, 3(5) of B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 873 liters liquor was recovered from jute sack.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern
Patna High Court CR. MISC. No.76670 of 2025(2) dt.12-11-2025 2/2 with the alleged recovery of liquor. The petitioner was a passerby of that way and he has become victim of circumstances. The petitioner is in custody since 27.08.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harlakhi P.S. Case No. 248 of 2025.
(Rudra Prakash Mishra, J) Pankaj/- U T