Patna High CourtCR. MISC./85573/2025bail granted

Mahendra 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.85573 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- SONNAGAR RAIL P.S. District- Gaya ====================================================== Mahendra Kumar S/o Shiv Chaudhary R/o Village - Bhuiyan Toli, P.S - Barun, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, A.P.P.

====================================================== 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 Son Nagar Rail P.S. Case No. 35 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 259.500 liters liquor was recovered from railway station platform.

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. At the time of seizure, the petitioner was travelling on the train and he had

Patna High Court CR. MISC. No.85573 of 2025(2) dt.10-12-2025 2/2 gone to Latrine in the meantime Police personnel apprehended him merely on suspicion. Learned counsel for the petitioner further submitted that the recovery has been made from open place, which is accessible to public at large. The petitioner is in custody since 24.10.2025 and has got no 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 Son Nagar Rail P.S. Case No. 35 of 2025.

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