Patna High CourtCR. MISC./18854/2025bail granted

Shankar Mukhiya v. The State Of Bihar

2025-04-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18854 of 2025 Arising Out of PS. Case No.-411 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== Shankar Mukhiya S/O Jahar Mukhiya @ Jahra Mukhiya R/o VillageParigama, Ward No. 2, P.S.- Choraut, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s :

Mr. Anita Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3 . It is alleged that 243 liters of Nepali country made liquor was recovered near Community Madrasa Diwari.

4. It is submitted that the petitioner is innocent and has falsely been implicated in this case on the basis of confessional statement of other co-accused persons. The alleged recovery has been made from an open place . No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.18854 of 2025(2) dt.18-04-2025 2/2 5 . Learned counsel for the State opposes the bail petition .

6. Considering the fact that recovery has been made from an open place , in the event of arrest/surrender within eight weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Excise Court- 02 Sitamarhi in connection with Sursand Police Station Case No. 411 of 2020, subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U