Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.337 of 2025 Arising Out of PS. Case No.-276 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Mithlesh Kumar Son of Rajendra Mehta Resident of Village- Dahupatti, P.S.- Bhaptiyahi, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kishanpur P.S. Case No. 276 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that, 648 liters liquor was recovered from one car. Petitioner was not arrested on the spot.

4.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.337 of 2025(2) dt.09-01-2025 2/2 with the alleged recovery of liquor. It is further submitted that the petitioner are neither owner nor driver of the seized vehicle. The petitioner are in custody since 25.09.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 27-02-2024, passed in Cr. Misc. No. 12669 of 2024.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial Excise No. 1569 of 2023, arising out of Kishanpur P.S. Case No. 276 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T