Manoj Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 47220 of 2024 Arising Out of PS. Case No.-138 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Manoj Mukhiya Son Of Shiv Balak Mukhiya Village- Hasuaha, PsMuffasil, Dist- East Champaran At Motihari 2.

Rameyad Mukhiya @ Ramadya Mukhiya Son Of Sohrayi Mukhiya VillageHasuaha, Ps- Muffasil, Dist- East Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar, Adv For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 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 Muffasil P.S. Case No. 138 of 2022 dated 27.02.2022 registered for the offences punishable u/s 30(b), 32, 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1000 litres of raw material of liquor was recovered from the bank of the Sikrahana river.

Patna High Court CR. MISC. No. 47220 of 2024(2) dt.20-07-2024 2/3

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 29.0.2024 passed in Cr. Misc. No. 86176 of 2024. The petitioners have no concern with the alleged recovery. The recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has two criminal antecedents and petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioner no. 1 is in custody since 16.03.2024 and the petitioner no. 2 is in custody since 04.05.2024.

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 nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, 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, East Champaran, in connection with Muffasil P.S.

Patna High Court CR. MISC. No. 47220 of 2024(2) dt.20-07-2024 3/3 Case No. 138 of 2022.

7. The application stands allowed.

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