Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.844 of 2025 Arising Out of PS. Case No.-379 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Mithilesh Kumar Son of Ramashish Mahto Resident of Village - Mainapatti, P.S. - Babubarhi, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with G.R. No. 1404 of 2024, arising out of Rajnagar P.S. Case No. 379 of 2024 instituted for the offences punishable under Sections 274, 275, 3(5) of the BNS 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 450 litres of liquor was recovered from white Maruti Suzuki Car.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle.
Patna High Court CR. MISC. No.844 of 2025(2) dt.20-01-2025 2/2 The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 07.10.2024 and has no criminal antecedent. 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 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 1404 of 2024, arising out of Rajnagar P.S. Case No. 379 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T