Rajesh Khanna Mukhiya @ Khanna Mukhia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31535 of 2023 Arising Out of PS. Case No.-482 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== RAJESH KHANNA MUKHIYA @ KHANNA MUKHIA SON OF GUDARI MUKHIYA RESIDENT OF VILLAGE- KORAHIYA, POLICE STATIONJAY NAGAR, DIST-MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S. Case No. 482 of 2022 corresponding to G.R. No. 2397 of 2022 dated 04.12.2022 registered for the offences punishable u/s 272, 273 and 414 read with section 34 of the Indian Penal Code 30(a), 41 of Bihar Prohibition and Excise Act.

As per the prosecution case, total 1530 litres of illicit liquor and 11 motorcycles were recovered.

Patna High Court CR. MISC. No.31535 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the seized motorcycle. The petitioner is also accused in one more criminal case which is related to excise as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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. 482 of 2022 corresponding to G.R. No. 2397 of 2022. The application stands allowed.

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