Patna High CourtCR. MISC./24277/2025bail granted

Shambhu Mukhiya v. The State Of Bihar

2025-04-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24277 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- DARPA District- East Champaran ====================================================== SHAMBHU MUKHIYA Son of Late Heera Mukhiya Resident of Village - Tinkoni, P.S.- Darpa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2025 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 Darpa P.S. Case No. 37 of 2025 dated 14.02.2025 registered for the offences punishable u/ss 274, 275 read with section 3(5) of the BNS and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 50 litres of illicit Nepali country made liquor was recovered from the field of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery was made from an open place that is

Patna High Court CR. MISC. No.24277 of 2025(2) dt.23-04-2025 2/2 accessible to anyone. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.02.2025.

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, Motihari in connection with Darpa P.S. Case No. 37 of 2025.

7. The application stands allowed.

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