Patna High CourtCR. MISC./86689/2025bail granted

Nikesh Kumar v. The State Of Bihar

2025-12-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86689 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- Excise Mashrakh District- Saran ====================================================== 1.

Nikesh Kumar S/O Ram Chandra Mahto R/O village - Piyarpurwa, P. S - Marhawra, District - Saran 2.

Bharat Mahto S/O Mohan Mahto R/O village - Piyarpurwa, P. S - Marhawra, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Mashrakh Excise P.S. Case No. 114 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 30 liters of country made liquor was recovered from motorcycle. Both the petitioners were arrested on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.86689 of 2025(2) dt.16-12-2025 2/2 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners submits that the seized motorcycle does not belong to the petitioners. The petitioners are in custody since 12.10.2025 and have 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 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 Mashrakh Excise P.S. Case No. 114 of 2025.

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