Badal Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12955 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- Excise P.S. District- Kishanganj ====================================================== 1.
Badal Mukhiya Son of Ramu Mukhiya Resident of Village- Rollbagh ward no 30, PS and District -Kishanganj 2.
Krishna Kumar Sahni @ Krishna Sahni son of Late Kuldeep Sahni villageMalhabasti, Ps and Dist- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-03-2025 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 Special Case no. 32/2025 arising out of Madhya Nisedh P.S. Case No. 29/2025 dated 11.01.2025 registered for the offence punishable u/s 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 83.400 litres of illicit country-made liquor was recovered from the scooty.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the rider and the
Patna High Court CR. MISC. No.12955 of 2025(2) dt.24-03-2025 2/2 petitioner no. 2 is pillion rider of the said vehicle. Nothing has been recovered from the possession of the petitioners. The petitioner no. 1 has clean antecedent whereas the petitioner no. 2 has one antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioners are in custody since 11.01.2025.
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, Kishanganj, in connection with Madhya Nisedh P.S. Case No. 29/2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T