Patna High CourtCR. MISC./20521/2025bail granted

Umesh Mukhiya v. The State Of Bihar

2025-04-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20521 of 2025 Arising Out of PS. Case No.-536 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== UMESH MUKHIYA S/o- Chandra Mukhiya @ Ramchandra Mukhiya Village- Chailaha Bind Toli Ps- Banjariya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar Tiwari For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 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 Turkauliya (Banjariya) P.S. Case No. 536 of 2022 dated 08.06.2022 registered for the offences punishable u/ss 272, 273 of I.P.C. and Sections 30(a), 30(c), 32, 34, 36 and 41(1) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 40 litres of illicit country-made liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.20521 of 2025(2) dt.16-04-2025 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 25.01.2025.

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, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 536 of 2022, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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