Patna High CourtCR. MISC./36501/2024bail granted

Manoj Mukhiya v. The State Of Bihar

2024-05-14Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36501 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- BHEJA District- Madhubani ====================================================== 1.

Manoj Mukhiya SON OF UMESH MUKHIYA R/O VILLAGE- Bheja, P.S.- BHEJA, DIST- MADHUBANI 2.

RAJU KUMAR MUKHIYA SON OF DALU MUKHIYA R/O VILLAGEDALDAL, P.S.- BHEJA, DIST- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat, Adv.

For the Opposite Party/s :

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 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 Bheja P.S. Case No. 14 of 2024 dated 28.02.2024 (G.R. No. 132/2024) registered for the offences punishable u/ss 272, 273 read with Section 34 of the Indian Penal Code and u/s 30(a), 38 and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 9.9 litres of illicit foreign liquor was recovered from the car. 153 wrappers, 20 litres of spirit, packaging machine, glue gun, 5 litres of foreign liquor made of liquor were recovered from the albestor house of

Patna High Court CR. MISC. No.36501 of 2024(2) dt.14-05-2024 2/2 the petitioner Raju Kumar Mukhiya.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the petitioners have no concern with the alleged recovery. The petitioner no. 1 has one criminal antecedent whereas the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 28.02.2024.

5. Learned A.P.P. for the State has 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, Jhanjharpur in connection with Bheja P.S. Case No. 14 of 2024.

7. The application stands allowed.

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