Krishana Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11263 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== 1.

Krishana Mukhiya S/O Rajendra Mukhiya R/O Village- Kataha Loknathpur, P.S- Muffasil, District- East Champaran.

2.

Jitender Mukhiya S/O Rajendar Mukhiya R/O Village- Kataha Loknathpur, P.S- Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Lakhaura P.S. Case No. 221/2024 dated 19.12.2024 registered for the offence punishable u/s 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 435 litres of illicit country-made liquor was recovered from the two motorcycles and a boat at the bank of Sikrahana river.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. As per para. 8 of the bail petition, the

Patna High Court CR. MISC. No.11263 of 2025(2) dt.22-03-2025 2/2 motorcycles does not belong to the petitioners. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 19.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari., in connection with Lakhaur P.S. Case No. 221/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T