Patna High CourtCR. MISC./85208/2025bail granted

Pawan Kumar v. The State Of Bihar

2025-12-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85208 of 2025 Arising Out of PS. Case No.-241 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Pawan Kumar S/o Pramod Mahto R/o Village- Muswa Bhediyahi, Sapaha, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samir Kumar, Adv For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakhaura P.S. Case No. 241 of 2025, instituted for the offences punishable under Sections 303 (2), 317 of BNS and 30(a), 32, 41 (1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 110 liters of country made liquor was recovered from motorcycle. Petitioner was arrested on spot.

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

Patna High Court CR. MISC. No.85208 of 2025(2) dt.10-12-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the motorcycle in question does not belong to the petitioner. It is further submitted that petitioner has taken lift from the other co-accused namely Manjay Kumar. The petitioner is in custody since 08.08.2025 and has got clean 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 Lakhaura P.S. Case No. 241 of 2025.

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