Sunil Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38157 of 2025 Arising Out of PS. Case No.-93 Year-2025 Thana- BARHIYA District- Lakhisarai ====================================================== 1.

Sunil Mochi Son of Late Laddu Mochi @ Laddu Mochi Son of Late Laddu Mochi @ Laddu Mochi R/o Village- Khuthadih , Ward no. 2, P. S. - Barahiya, District- Lakhisarai.

2.

Ram Pravesh Mochi Son of Late Laddu Mochi @ Laddu Mochi R/o VillageKhuthadih , Ward no. 2, P. S. - Barahiya, District- Lakhisarai. 3.

Ram Kumar @ Ram Kumar Mochi Son of Late Laddu Mochi @ Laddu Mochi R/o Village- Khuthadih , Ward no. 2, P. S. - Barahiya, DistrictLakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Barahiya P.S. Case No. 93 of 2025, instituted for the offences punishable under Sections 126(2), 115, 109(1), 132, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections37 and 45 of Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, the informant tried to stop five accused persons including the petitioners from creating a ruckus after drinking alcohol. It is further alleged that

Patna High Court CR. MISC. No.38157 of 2025(2) dt.19-06-2025 2/3 they assaulted and attempted to strangle him for informing the police.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners submits that no specific allegation has been attributed against the petitioners, rather the same is general and omnibus in nature. It is further submitted that the injury found on the body of the informant is simple in nature. The petitioners are in custody since 27.04.2025. Petitioner no. 1 has got one criminal antecedent in which he is on bail and petitioner nos. 2 and 3 have got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released 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 Court

Patna High Court CR. MISC. No.38157 of 2025(2) dt.19-06-2025 3/3 below/concerned Court in connection with Barahiya P.S. Case No. 93 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T