Mahendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12096 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Mahendra Mukhiya Son of Shambhu Mukhiya Resident of Village - Fagu Chhapar, Police Station - Tareya Sujan, District - Khushinagar, U.P. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Vishambharpur PS Case No. 158 of 2024 instituted for the offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 144 litres of country made liquor was recovered from bushes. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the 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

Patna High Court CR. MISC. No.12096 of 2025(2) dt.25-02-2025 2/2 of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 13.11.2024 and has 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 petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vishambharpur PS Case No. 158 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T