IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18104 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Lakhindra Kumar @ Lakhindra Rai S/o- Nandu Rai @ Nandu Ray Village- Mathiya Bariyarpur Ps- Piprakothi Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate Mrs. Rashmi Jha, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 27-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 4 of the bail application during course of the day. 3. The petitioner seeks bail in connection with Piprakothi P.S. Case No. 29 of 2025, instituted for the offences punishable under Sections 274, 275, 123, 110 of the Bharatiya Nyaya Sanhita, 2023 read with Section 30(a) of the Bihar Prohibition and Excise Act. 4. The prosecution case, in short, is that, 500 liters spirit was recovered from the bathan of the petitioner and the petitioner was apprehended on spot. 5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the Patna High Court CR. MISC. No.18104 of 2025(2) dt.27-03-2025 2/2 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 spirit. Learned counsel for the petitioner further submits that the alleged recovery has been made from bathan of the petitioner and the same is open place which is easily accessible to public at large. The petitioner is in custody since 24.01.2025 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. 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. 8. 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 Piprakothi P.S. Case No. 29 of 2025. Rajorshi/- (Rudra Prakash Mishra, J) U T