Ganga Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36140 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- DEODHA District- Madhubani ====================================================== 1.

GANGA MUKHIYA SON OF LATE RAMU MUKHIYA RESIDENT OF VILLAGE - BAZAR SAMITI, JAY NAGAR, WARD NO 3, POLICE STATION - JAYNAGAR, DISTRICT - MADHUBANI 2.

VIKASH KUMAR MUKHIYA SON OF VINDE MUKHIYA RESIDENT OF VILLAGE - BAZAR SAMITI, JAY NAGAR, WARD NO 3, POLICE STATION - JAYNAGAR, DISTRICT - MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2021 Heard the learned counsel for the petitioners and the learned APP for the State, Sri Murli Dhar. The petitioners seek regular bail in connection with Deodha P.S. Case No. 73 of 2020, registered for the offence punishable under Sections 272/273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 387 liters of illicit Nepali liquor from near the tin muhani railway crossing and the petitioners were

Patna High Court CR. MISC. No.36140 of 2020(2) dt.27-01-2021 2/3 apprehended on suspicion when they were trying to flee away.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having clean antecedent and they are languishing in custody since 26.07.2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that the illicit liquor has been recovered from a place which does not belong to the petitioners, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.36140 of 2020(2) dt.27-01-2021 3/3 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Deodhar P.S. Case No. 73 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T