Patna High CourtCR. MISC./82629/2025bail granted

Dinesh Mukhiya v. The State Of Bihar

2025-12-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82629 of 2025 Arising Out of PS. Case No.-253 Year-2025 Thana- BAHERA District- Darbhanga ====================================================== Dinesh Mukhiya Son of Parmeshwar Mukhiya Resident of Village - Paroul, P.S. - Manigachhi, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Das, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bahera P.S. Case No. 253 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 270 liters liquor was recovered from tempo and the petitioner was apprehended 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 no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.82629 of 2025(2) dt.03-12-2025 2/2 for the petitioner also submits that the petitioner is neither owner nor driver of the tempo in question rather he is a passenger and has got no knowledge with regard to the nature of goods loaded in the vehicle. The petitioner is in custody since 14.07.2025 and has got one 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 Bahera P.S. Case No. 253 of 2025.

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