Sonalal Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39189 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
Sonalal Mukhiya S/O Indrajit Mukhiya Resident of village- Koeir Gawa Bin Toli, PS- Sangrampur, district- East Champaran 2.
Mukesh Mukhiya S/O Shankar Mukhiya Resident of village- Koeir Gawa Bin Toli, PS- Sangrampur, district- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate Mr. Sharad Kumar, Verma, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== 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 Sangrampur P.S. Case No. 15 of 2025 dated 11.01.2025 registered for the offences punishable u/s 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 607 litres of illicit country made liquor and liquor making appartus were recovered from the Bhatti of Sonalal Mukhiya (petitioner no. 1) and 201 litres of illicit country made liquor and liquor making appartus
Patna High Court CR. MISC. No.39189 of 2025(2) dt.24-06-2025 2/3 were recovered from the Bhatti of Mukesh Mukhiya (petitioner no. 2 and other co-accused persons and 149 litres of illicit country made liquor was recovered from the Bhatti of Chhitan Mukhiya @ Niraj Mukhiya and other co-accused persons.
4. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. It is submitted that recovery is made from an open place, which is accessible to public at large. The petitioner no. 1 has six criminal antecedents and petitioner no. 2 has ten criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 21.04.2025.
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 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, in connection with Sangrampur P.S. Case No. 15 of 2025 with following conditions:
Patna High Court CR. MISC. No.39189 of 2025(2) dt.24-06-2025 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners are liable to be cancelled.
7. This application is allowed.
(Chandra Prakash Singh, J) Raj Ranjan/- U T