Ramchandra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39134 of 2025 Arising Out of PS. Case No.-196 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

Ramchandra Mukhiya S/O Shankar Mallah R/o - Bananiya, P.S - Bananiya, District - Saptari, Nepal 2.

Raju Kumar Mallah S/O Bindeshwari Mallah R/o - Bananiya, P.S - Bananiya, District - Saptari, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Andhramath P.S. Case No. 196 of 2024 dated 31.12.2024 registered for the offences punishable u/ss 274, 275 read with Section 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 684 litres of illicit Nepali country-made liquor was recovered from 19 plastic sacks. It is further alleged that 8 bicycles were also recovered.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.39134 of 2025(2) dt.24-06-2025 2/2 this case. The name of the petitioners has sprung up in this case on mere suspicion. The petitioners are not the owner of the bicycles. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged vehicle. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 31.12.2024.

5. Learned A.P.P. for the State has vehemently 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 abovenamed, are 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, Madhubani in connection with Andhramath P.S. Case No. 196 of 2024.

7. The application stands allowed.

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