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2025 DAILYLAW 103846 (PAT)

MUKESH KUMAR v. The State of Bihar

CR. MISC./80815/2025 · 2025-11-27

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80815 of 2025 Arising Out of PS. Case No.-129 Year-2025 Thana- SHEIKHOPUR SARAI District- Sheikhpura ====================================================== 1. MUKESH KUMAR S/o RAM BALIHARI DAS R/o vill - Dunhi, P.S.- Gardhpura, Distt.- Begusarai 2. Raj Kumar @ Rajbabbar Kumar S/o Mantu Tanti R/o vill - Bathauli, P.S.- Barauni, Distt.- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 27-11-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Shekhopur P.S. Case No. 129 of 2025 instituted for the offences punishable under Section 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 425.25 litres of liquor was recovered from pickup vehicle. 4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted Patna High Court CR. MISC. No.80815 of 2025(2) dt.27-11-2025 2/2 that petitioners are not the owner of the vehicle. It is further submitted that petitioner no.1 is the driver of the vehicle in question whereas petitioner no.2 is the co-driver and both the petitioners have got no concern with the loaded articles/liquor. The petitioners are in custody since 12.09.2025 and have 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 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 Shekhopur P.S. Case No. 129 of 2025. Alok Verma/- (Rudra Prakash Mishra, J) U T