Mahesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17188 of 2026
                      Arising Out of PS. Case No.-137 Year-2025 Thana- Kavaiya District- Lakhisarai
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                 Mahesh Kumar, Son of Rajendra Saw, Resident of Village - Narayanpur, P.S. -
                 Barbigha, District - Sheikhpura.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shailesh Anand, Advocate
                 For the Opposite Party/s :        Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

5   24-06-2026                  Heard learned Advocate for the petitioner and the

                   learned APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Kabaiya P.S. Case No. 137 of 2025 registered

                   for the offences punishable under Sections 303(2) and 317 (2) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. The Assistant District Supply Officer, Lakhisarai,

                   acting on a tip off regarding black marketing, conducted raid

                   and intercepted a Mahindra Pick-up van, having registration no.

                   BR 21GB 1483 and recovered 65 gunny bags of subsidized

                   government rice. The driver of the Pick-up van disclosed the

                   name of the petitioner, as the owner of the Pick-up van.

                                4. Learned Advocate for the petitioner submitted that

                   only on account of the petitioner being the owner of the Pick-up
Patna High Court CR. MISC. No.17188 of 2026(5) dt.24-06-2026
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          van, in question, his name has been implicated in this case. In

          fact, the said Pick-up van was running for the transportation of

          goods on rent by the driver, and the petitioner was not even

          acquainted with the fact that the rice, which was being

          transported, was for the purpose of black marketing. The entire

          case is based on suspicion that the seized rice was Government

          subsidized rice, as neither any complaint has ever been made

          nor during the course of investigation the fact of black

          marketing has unearthed. The petitioner bears one criminal

          antecedent, as has been disclosed in supplementary affidavit,

          however, he undertakes that he will fully cooperate in the

          proceedings of the court.

                       5. On the other hand, learned APP for the State

          vehemently opposes the bail application.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the fact that the name of

          the petitioner has been implicated in this case only on account

          of he being the owner of Mahindra Pick-up van, which was

          hired on rent, and no materials have been collected during the

          course of investigation suggesting his complicity, let the

          petitioner, named above, in the event of his arrest or surrender

          before the court below within four weeks from the date of
             Patna High Court CR. MISC. No.17188 of 2026(5) dt.24-06-2026
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                       receipt/production of a copy of this order, 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

                       learned Chief Judicial Magistrate, Lakhisarai or his successor in

                       connection with Kabaiya P.S. Case No. 137 of 2025, subject to

                       the condition as laid down under Section 482 (2) of the

                       Bharatiya Nagarik Suraksha Sanhita, 2023 with the further

                       condition that one of the bailors shall be the own/close relative

                       of the petitioner.



                                                   (Harish Kumar, J)
uday/-

U        T