Sunil Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8010 of 2025 Arising Out of PS. Case No.-264 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Sunil Mukhiya Son of Jagdev Mukhiya Resident of village - Bhaptiyahi, Ward No. 10, Bhaptiyahi, Police Station - Bhaptai Sarai, Dist Supaul at P/AGadhiya, Ward no. 08, Ps- Bhaptiyahi, Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a tractor altogether 567 liters of nepali made illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner is owner nor the driver of the tractor rather he was named by the owner-cum-driver of the tractor. Learned counsel for the petitioner has submitted that co-accused Balram Mehta has
Patna High Court CR. MISC. No.8010 of 2025(2) dt.19-03-2025 2/2 already been granted bail by this Court vide order dated 11.02.2025 in Cr. Misc. No. 4273 of 2025. Moreover, the petitioner is languishing in judicial custody since 24.11.2024. Nothing has been recovered from the conscious possession of the petitioner. Moreover, she is languishing in judicial custody since 01.10.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhaptiyahi P.S. Case No. 264 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Court No. 01, Supaul.
(Ashok Kumar Pandey, J) Shubham/- U T