Mukesh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39433 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
Mukesh Mukhiya S/O Shankar Mukhiya Resident of village- Koeir Gawa Bin Toli, PS- Sangrampur, district- East Champaran 2.
Sonalal Mukhiya S/O Indrajit Mukhiya Resident of village- Koeir Gawa Bin Toli, PS- Sangrampur, district- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2025 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. 202 of 2024 dated 06.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 16 litres of illicit country made liquor was recovered from the bag tied on the motorcycle.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the
Patna High Court CR. MISC. No.39433 of 2025(2) dt.25-06-2025 2/3 said vehicle. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner no. 1 has ten criminal antecedents and the petitioner no. 2 has six criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 24.03.2025.
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, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Sangrampur P.S. Case No. 202 of 2024, with the following condition/s:- (i). Both the petitioners are 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 bonds of the petitioners are liable to cancelled.
(ii). If the petitioner no. 1, namely, Mukesh Mukhiya
Patna High Court CR. MISC. No.39433 of 2025(2) dt.25-06-2025 3/3 is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T