Tufan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77920 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- Garahara District- Begusarai ====================================================== 1.

Tufan Mahto S/o Chandradev Mahto R/o vill - Sabora Mahna Gate, P.S.- Refinery, Distt.- Begusarai 2.

Pramod Kumar S/o Sukhdev Rai Resident of village- Amarpur, P.s.- Chakiya, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mrs.Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Garhara P.S. Case No. 66 of 2025, instituted for the offences punishable under Section 30(a) and 32(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 70 liters of country made liquor was recovered from E-Rickshaw.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.77920 of 2025(2) dt.18-11-2025 2/2 got no concern with the alleged recovery of liquor. Learned counsel further submitted that the petitioner No.1 is driver and petitioner no.2 is passenger of the vehicle and they have no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 02.09.2025 and have 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 petitioners.

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

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garhara P.S. Case No. 66 of 2025.

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