Patna High CourtCR. MISC./36039/2024bail granted

Prakash Mukhiya v. The State Of Bihar

2024-07-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36039 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- BHEJA District- Madhubani ====================================================== Prakash Mukhiya Son of Shankar Mukhiya @ Shiv Shankar Mukhiya R/O Vill.- Darjiya, P.S.- Madhepur, Dist.- Madhubani ... ... Petitioner/s

Versus

The State Of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagandeo Yadav, Adv.

Mr. Vinod Kumar, Adv.

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has 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/ss 30(a), 33 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 and 5 litres of foreign made liquor were recovered from the asbestos house of the co-accused, Raju Kumar Mukhiya.

Patna High Court CR. MISC. No.36039 of 2024(2) dt.04-07-2024 2/2

4. 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. It is further submitted that the petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by this court vide order dated 14.05.2024 passed in Cr. Misc. No. 36501 of 2024. The petitioner has two criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 12.03.2024.

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

7. The application stands allowed.

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