Naresh Kumar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10934 of 2025 Arising Out of PS. Case No.-368 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Naresh Kumar Mukhiya S/O Late Jagdish Mukhiya R/O- Village- Kamlabari Gothiyari, P.S.- Jaynagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Mr. Gagan Deo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S. Case No. 368 of 2024 dated 22.12.2024 registered for the offences punishable u/ss 274, 275, 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 144 litres of illicit Nepali country-made liquor was recovered from the bag allegedly thrown by the co-accused and total 24.375 litres of illicit foreign liquor and 30 litres of illicit nepali country-made liquor were recovered from the basket kept on a motorcycle which was being ridden by the petitioner.

Patna High Court CR. MISC. No.10934 of 2025(2) dt.21-03-2025 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of one of the vehicles. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.12.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Jaynagar P.S. Case No. 368 of 2024.

7. The application stands allowed.

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