Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83305 of 2025 Arising Out of PS. Case No.-605 Year-2025 Thana- DARIYAPUR District- Saran ====================================================== 1.
Mukesh Kumar S/o Wakil Rai R/o Village - Manpura, P.S - Dariyapur, District - Saran at Chapra 2.
Mohan Kumar Choudhary S/o Late Ramayga Choudhary @ Ramagya Choudhary R/o Village - Manpura, P.S - Dariyapur, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Dariyapur P.S. Case No. 605 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 50 litres of liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.83305 of 2025(2) dt.04-12-2025 2/3 that petitioners are not the owner of the vehicle. It is further submitted that petitioner no. 2 is the owner of the motorcycle whereas petitioner no. 1 has no concern with the vehicle and both the petitioners have got no concern with the loaded articles/liquor. The petitioners are in custody since 15.09.2025. Petitioner no. 1 has one criminal antecedent whereas petitioner no. 2 has three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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 Dariyapur P.S. Case No. 605 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on
Patna High Court CR. MISC. No.83305 of 2025(2) dt.04-12-2025 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) Alok Verma/- U T