Patna High CourtCR. MISC./86457/2024bail granted

Mithilesh Kumar @ Mithlesh Kumar v. The State Of Bihar

2025-01-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86457 of 2024 Arising Out of PS. Case No.-240 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Mithilesh Kumar @ Mithlesh Kumar son of Vilash Yadav VILLAGERAUSHANPUR, SAPAHAN, P.S.- SAGAULI, DISTRICT- EAST CHAMPARAN,MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Banjariya P.S. Case No. 240 of 2024 dated 12.09.2024 registered for the offences punishable u/ss 274, 275 of the BNS and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 15 litres of illicit country made liquor was recovered and out of which total 5 litres of illicit country made liquor was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.86457 of 2024(2) dt.15-01-2025 2/2 this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Banjariya P.S. Case No. 240 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U