Ramesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39149 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Ramesh Mukhiya son of Dhenak Mukhiya @ Dhanukhi Mukhia VillageMudwalla Ps- Sahebganj Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chhauradano (Mahuawa) P.S. Case No. 73 of 2024, lodged on 24.03.2024 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, FIR has been lodged against the present petitioner and six unknown accused persons. As per the allegation in the FIR, seven persons were crossing the Indo-Nepal border and in the meantime, the petitioner was arrested by the police and it has been alleged that those persons kept bag on their heads and after seeing the police personals, they fled away and thereafter, total 201.450 litres of illicit liquor has been recovered which is the subject matter of the present

Patna High Court CR. MISC. No.39149 of 2024(2) dt.28-05-2024 2/2 case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the said recovery of the illicit liquor has been made is not in connection with the present petitioner, rather, it is of those persons who were fled away after throwing the bag in the wheat field. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 25.03.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, East Champaran at Motihari in connection with Chhauradano (Mahuawa) P.S. Case No. 73 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T