Mukhtar Kumar @ Mokhtar Kumar v. The State of Bihar
CR. MISC./55413/2025 · 2025-08-14
R P Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66441 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66441 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55413 of 2025 Arising Out of PS. Case No.-254 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Mukhtar Kumar @ Mokhtar Kumar S/o Baldev Ray R/o village- Hasanpurwa, P.S.- Chapra Muffasil, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Prakash, Adv. For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Chapra Muffasil P.S. Case No. 254 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, the police has recovered total 80 liters of illicit liquor from the sack and tube out of which 40 liters liquor was recovered from black tube. It is alleged that 40 liters country-made liquor was recovered from the sack of the petitioner. 4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.55413 of 2025(2) dt.14-08-2025 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non- compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 11.05.2025 without any rhymes or reason. 5. Learned counsel for the petitioners again submits that the co-accused namely Santosh Kumar has been granted bail by this Court vide order dated 12.08.2025 passed in Cr. Misc. No. 53457 of 2025. 6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case
Patna High Court CR. MISC.
No.55413 of 2025(2) dt.14-08-2025 3/3 as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chapra Muffasil P.S. Case No. 254 of 2025. rishi/- (Rudra Prakash Mishra, J) U T