Mukesh Kumar Mukhiya @ Mukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27602 of 2025 Arising Out of PS. Case No.-229 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

Mukesh Kumar Mukhiya @ Mukesh S/o- Bhagwat Mukhiya Resident of Village- Piprahi, Ward No. 03, P.S.- Ratanpura, District- Supaul 2.

Shambhu Kumar Mukhiya @ Shambhu Mukhiya S/o- Vishwanath Mukhiya @ Bishwanath Mukhiya Resident of Village- Piprahi, Ward No. 03, P.S.- Ratanpura, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2025 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 N.D.P.S. Case No. 92/2024, CIS No. 81/2024 (arising out of Bhaptiyahi) P.S. Case No. 229/2024 dated 07.10.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act and Section 8, 20(b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, total 4.5 kgs of ganja and 270 litres of illicit Nepali country-made liquor were recovered from the sacks in possession of the petitioners.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.27602 of 2025(2) dt.06-05-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the alleged recovery. The seized contraband is less than commercial quantity. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 08.10.2024.

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, Supaul, in connection with N.D.P.S. Case No. 92/2024, CIS No. 81/2024 (arising out of Bhaptiyahi) P.S. Case No. 229/2024.

7. The application stands allowed.

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