Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 9773 (PAT)

Mukesh Kumar v. The State of Bihar

CR. MISC./3105/2025 · 2025-01-28

R P Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3105 of 2025 Arising Out of PS. Case No.-884 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== 1. Mukesh Kumar S/O Tulsi Yadav R/O Village- Moryanma Kurha, P.S- Tillaiya, Distt.- Koderma (Jharkhand). 2. Rakesh Kumar S/O Tulsi Yadav R/O Village- Moryanma Kurha, P.S- Tillaiya, Distt.- Koderma (Jharkhand). 3. Vikas Kumar S/O Tulsi Yadav R/O Village- Moryanma Kurha, P.S- Tillaiya, Distt.- Koderma (Jharkhand). 4. Sudhir Kumar S/O Amrit Yadav R/O Village- Moryama Kurha, P.S- Tillaiya, Distt.- Koderma (Jharkhand). 5. Mantu Kumar S/O Ranjeet Yadav R/O Village- Moryanma Kurha, P.S- Tillaiya, Distt.- Koderma (Jharkhand). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 28-01-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Nawada Excise PS Case No. 884 of 2024 instituted for the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 480 litres of country made liquor was recovered from 8 motorcycles. Patna High Court CR. MISC. No.3105 of 2025(2) dt.28-01-2025 2/3 4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that motorcycle bearing Registration No. JH12K-3730 belongs to petitioner no. 1 Mukesh Kumar and motorcycle bearing Registration No. BR01-HR1491 belongs to one Diwana Singh who is friend of petitioner Rakesh Kumar. The petitioners are in custody since 17.12.2024 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5. Learned A.P.P. 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, clean antecedent of the petitioners 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 Patna High Court CR. MISC. No.3105 of 2025(2) dt.28-01-2025 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada Excise PS Case No. 884 of 2024. Raj Ranjan/- (Rudra Prakash Mishra, J) U T