Shatrudhan Mukhiya @ Shatrughan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47263 of 2022 Arising Out of PS. Case No.-115 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== 1.

SHATRUDHAN MUKHIYA @ SHATRUGHAN MUKHIYA S/o Late Bauyelal Mukhiya R/o Village - Phulhar, P.S.- Harlakhi, District - Madhubani.

2.

Janki Devi W/o Shatrudhan Mukhiya @ Shatrughan Mukhiya R/o Village - Phulhar, P.S.- Harlakhi, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-09-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Harlakhi P.S. Case No. 115 of 2022 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioners are named in the F.I.R., where Petitioner No.1 is in custody since 30.04.2022 and Petitioner No.2 is in custody since 02.06.2022 .

The allegation against the petitioners is to be engaged

Patna High Court CR. MISC. No.47263 of 2022(2) dt.15-09-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there was recovery of 108 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioners submitted that alleged recovery of illicit liquor was made behind the house of the petitioners, which is accessible by general public and, as such, it cannot be said that recovery of illicit liquor was made from conscious physical possession of the petitioners. It is further submitted that Petitioner No.1 and Petitioner No.2 are husband & wife, where Petitioner No.1 having clean antecedent and Petitioner No.2 is involved in one more criminal case, where she is on bail. While concluding the argument, it has been submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tempering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of the petitioners, coupled with the fact that charge-sheet has been submitted, let both above named petitioners, are directed to be released on bail in connection with Harlakhi P.S. Case No. 115 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.47263 of 2022(2) dt.15-09-2022 3/3 each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Madhubani/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T